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145 09-25533 Chapter V Subsidiary organs of the Security Council
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ADD-13 CHAPTER VChapter V covers procedures of the Security Council relating to the establishment and control of subsidiary organs deemed necessary for the performance of its functions

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Page 1: ADD-13 CHAPTER VChapter V covers procedures of the Security Council relating to the establishment and control of subsidiary organs deemed necessary for the performance of its functions

145 09-25533

Chapter V Subsidiary organs of the Security Council

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Contents Page

Introductory note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 147

Part I. Subsidiary organs of the Security Council established or continuing during the period 1996-1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 148

A. Standing committees and ad hoc committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148

B. Security Council committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148

C. Informal and ad hoc working groups. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160

D. Fact-finding missions and investigative bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160

E. Peacekeeping operations and political missions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162

F. Ad hoc commissions and ad hoc tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190

Part II. Subsidiary organs of the Security Council whose mandate was completed or terminated during the period 1996-1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195

Part III. Subsidiary organs of the Security Council proposed but not established. . . . . . . . . . . 197

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Introductory note

Chapter V covers procedures of the Security Council relating to the establishment and control of subsidiary organs deemed necessary for the performance of its functions under the Charter of the United Nations. The Council’s power to establish subsidiary organs is set out in Article 29 of the Charter and reflected in rule 28 of its provisional rules of procedure, as follows:

Article 29

The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.

Rule 28

The Security Council may appoint a commission or committee or a rapporteur for a specified question.

During the period 1996 to 1999, the Council mandated the establishment of 15 new peacekeeping operations1 and four new political missions,2 and established three new committees to oversee the implementation of measures adopted pursuant to Article 41.3 The Council also established the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) as a subsidiary body that replaced the United Nations Special Commission (UNSCOM) established pursuant to paragraph 9 (b) (i) of resolution 687 (1991). In addition, the Council set up two new informal and ad hoc working groups to make recommendations regarding substantive matters before it.4

Part I of this chapter considers these new organs as well as those established prior to 1996 and continuing during part or all of the period under review. The organs are divided into six main categories, reflecting their main character or functions: (a) standing and ad hoc committees; (b) committees to oversee the implementation of measures adopted pursuant to Article 41 and other committees; (c) informal and ad hoc working groups; (d) fact-finding missions and investigative bodies; (e) peacekeeping operations and political missions; and (f) ad hoc commissions and tribunals. Fourteen peacekeeping operations were terminated

1 United Nations Observer Mission in Angola (MONUA); United Nations Mission in the Central African Republic (MINURCA); United Nations Observer Mission in Sierra Leone (UNOMSIL); United Nations Mission in Sierra Leone (UNAMSIL); United Nations Observer Mission in the Democratic Republic of the Congo (MONUC); United Nations Support Mission in Haiti (UNSMIH); United Nations Transition Mission in Haiti (UNTMIH); United Nations Verification Mission in Guatemala (MINUGUA); United Nations Civilian Police Mission in Haiti (MIPONUH); United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES); United Nations Civilian Police Support Group (UNPSG); United Nations Mission of Observers in Prevlaka (UNMOP); United Nations Interim Administration Mission in Kosovo (UNMIK); United Nations Mission in East Timor (UNAMET); and United Nations Transitional Administration in East Timor (UNTAET).

2 United Nations Political Office in Bougainville (UNPOB); United Nations Peacebuilding Support Office in Liberia (UNOL); United Nations Office in Angola (UNOA); and United Nations Peacebuilding Support Office in Guinea-Bissau (UNOGBIS).

3 Security Council Committee established pursuant to resolution 1132 (1997) concerning Sierra Leone; Security Council Committee established pursuant to resolution 1160 (1998); and Security Council Committee established pursuant to resolution 1267 (1999) concerning Afghanistan (Al-Qaida and the Taliban and associated individuals and entities).

4 The Ad Hoc Working Group on Africa and the Informal Working Group on the Protection of Civilians in Armed Conflict

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during the period under review,5 as well as one Security Council committee, one investigative body and one ad hoc commission.6 This is reflected in a table in part II. Part III describes one instance in which a subsidiary organ was formally proposed but not established.

5 United Nations Observer Mission in Liberia (UNOMIL); United Nations Assistance Mission for

Rwanda (UNAMIR); United Nations Angola Verification Mission III (UNAVEM III); UNOMSIL; United Nations Mission in Haiti (UNMIH); UNTMIH; UNSMIH; MINUGUA; United Nations Preventive Deployment Force (UNPREDEP); United Nations Confidence Restoration Operation in Croatia (UNCRO); UNTAES; UNPSG; UNAMET; and MONUA.

6 Security Council Committee established pursuant to resolution 724 (1991) concerning Yugoslavia; International Commission of Inquiry established under resolution 1012 (1995) concerning Burundi; and United Nations Special Commission established pursuant to paragraph 9 (b) (i) of resolution 687 (1991), respectively.

Part I Subsidiary organs of the Security Council established

or continuing during the period 1996-1999

A. Standing committees and ad hoc committees

During the period under review, the Committee of Experts on Rules of Procedure, the Committee of Experts established at the 1506th meeting to study the question of associate membership and the Committee on Council Meetings away from Headquarters continued to exist but did not meet.

The Committee on the Admission of New Members was asked to examine and report on the application for admission to membership in the United Nations of two States7 referred to it by the Council under rule 59 of the Council’s provisional rules of procedure.

B. Security Council committees

Note

Between 1996 and 1999, in accordance with rule 28 of its provisional rules of procedure, the Security Council established three new committees to supervise the implementation of measures adopted under Chapter VII of the Charter in respect of Sierra Leone,8 the

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7 Kiribati and Nauru. See chapter VII. 8 Security Council Committee established pursuant to

resolution 1132 (1997) concerning Sierra Leone.

Federal Republic of Yugoslavia, including Kosovo,9 and Al-Qaida and the Taliban and associated individuals and entities.10 During the same period, the Council oversaw 10 such committees, including the committees that had been established in prior periods, and terminated the Security Council Committee established pursuant to resolution 724 (1991) concerning Yugoslavia. In addition, on several occasions, the Council requested the Secretary-General to establish monitoring bodies, in the form of panels or groups of experts, to assist the work of the committees.11

The Council, acting under Chapter VII of the Charter, established all committees to undertake tasks related to sanctions measures. The tasks included (a) seeking information regarding the implementation of measures imposed under Article 41; (b) considering information concerning the violations of the measures and to recommend appropriate measures in response thereto; (c) reporting to the Council on the information regarding alleged violations; (d) giving consideration to and deciding upon requests for exemptions from the

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9 Security Council Committee established pursuant to resolution 1160 (1998).

10 Security Council Committee established pursuant to resolution 1267 (1999) concerning Afghanistan (Al-Qaida and the Taliban and associated individuals and entities).

11 Monitoring bodies were established in connection with the measures imposed against Angola and Iraq.

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measures; (e) examining reports submitted to them, including those from monitoring bodies; (f) identifying individuals and entities subject to the measures; and (g) making recommendations to the Council on how to improve the effectiveness of the measures. In one case, the Committee established pursuant to resolution 661 (1990), concerning the situation between Iraq and Kuwait, was, inter alia, mandated to supervise the implementation of the oil-for-food programme established by resolution 986 (1995).

The committees consisted of all 15 members of the Council, held their meetings in private sessions, unless the committee itself decided otherwise, and reached their decisions by consensus. The bureaux of the committees were elected by the Council annually and announced through notes by the President of the Security Council or press releases.12 In a note by the President dated 30 October 1998,13 the Council decided that, with effect from 1999, the bureau of each sanctions committee should be appointed by that committee, following consultations between Council members, either at its first meeting if that meeting took place in January, or in writing at the instance of the Presidency of the Council under a no-objection procedure.

In accordance with the transparency measures outlined by the President of the Council in his note dated 29 March 1995,14 the committees continued to submit their annual reports to the Council.

In addition, during the period under consideration, a number of innovations related to the work of the Security Council’s subsidiary bodies were introduced by the Council through the adoption of notes by the President or resolutions.15

In a note by the President dated 24 January 1996,16 the Council requested the Chairman of each committee to give an oral briefing to interested Members of the United Nations after each meeting, in the same way as oral briefings were given by the President of the Security Council following informal consultations of the whole. The Council further __________________

12 For the bureaux of the committees during the period under review, see, for example, S/1999/8 and S/1999/685; and SC/6463.

13 S/1998/1016. 14 S/1995/234. 15 S/1996/54, S/1998/1016 and S/1999/92. 16 S/1996/54.

requested the Chairman of each committee to bring to the attention of its members and of the members of the United Nations the improvements in procedures of the committees which were agreed to by the members of the Council on 29 March and 31 May 1995.17

By resolution 1196 (1998) of 16 September 1998, the Council requested the Security Council committees established by resolutions imposing an arms embargo to apply, as appropriate, the following measures: (a) to include in their annual reports of a substantive section on the implementation of the arms embargoes, on possible violations of the measures reported to the committee and with recommendations, as appropriate, for strengthening the effectiveness of the arms embargoes; (b) to establish channels of communication with regional and subregional organizations and bodies, in addition to other sources of information already mentioned in the guidelines of the committees, in order to improve the monitoring of arms embargoes through wider and regular exchanges of information with relevant parties in the region concerned; and (c) to make relevant information publicly available through appropriate media, including through the improved use of information technology.18

Subsequently, in a note by the President dated 30 October 1998,19 the Council decided that its annual report to the General Assembly should also include the annual reports of sanctions committees.

On 29 January 1999, the Council issued a note by the President on the work of the sanctions committees which, in accordance with concerned resolutions, outlined practical proposals that would be used to improve the work of the sanctions committees.20 The measures agreed upon by Council members included, for instance, an increase in the transparency of the sanctions committees’ work through, inter alia, substantive and detailed briefings by the Chairpersons, visits by the Chairpersons to the regions concerned, harmonization of guidelines and routines of work, and availability of public information on the sanctions committees’ work on the Internet and through other means of communication. Other measures adopted by Council members related to the consideration by the committees of the humanitarian impact of sanctions. __________________

17 S/1995/234 and S/1995/438. 18 See resolution 1196 (1998), paras. 3, 4, 6 and 11. 19 S/1998/1016. 20 S/1999/92.

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More specifically, the note by the President outlined the following measures:

1. The sanctions committees should establish appropriate arrangements and channels of communication with organs, organizations and bodies of the United Nations system, as well as other intergovernmental and regional organizations, neighbouring countries and other countries and parties concerned, in order to improve the monitoring of the implementation of sanctions regimes and the assessment of their humanitarian consequences on the population of the target State and their economic consequences on neighbouring and other States.

2. The Chairpersons of the sanctions committees should make visits to the regions concerned, as appropriate, in order to obtain first-hand accounts of the impact of sanctions regimes and the results and difficulties in their implementation.

3. Member States should provide the sanctions committees with all information available on alleged violations of arms embargoes, and other sanctions regimes. Sanctions committees should seek to clarify all cases of alleged violations.

4. The Secretariat should be requested to provide the sanctions committees with information from published sources, radio, television or other media concerning alleged violations of the sanctions regimes or other issues relevant to the activities of the committees.

5. The guidelines of the sanctions committees should include clear provisions for strict action to be taken by the committees on alleged violations of the sanctions regimes.

6. The sanctions committees should, as far as possible, harmonize their guidelines and routines of work.

7. The technical effectiveness of the mandatory measures should be periodically assessed by the sanctions committees on the basis of inputs from Member States, reports prepared by the Secretariat and other available sources of information.

8. The practice of hearing technical presentations of information by organizations assisting in the enforcement of Security Council sanctions during closed meetings of the sanctions committees should be continued. The target or affected countries, as well as concerned organizations, should be better able to exercise the right of explaining or presenting their points of view to the sanctions committees, while taking fully into consideration current committee practices. The presentations should be expert and comprehensive.

9. The Secretariat should be requested to provide, whenever necessary, its assessment of the humanitarian and economic impact of sanctions to the sanctions committees.

10. Periodic meetings of the sanctions committees should be held for discussions on the humanitarian and economic impact of sanctions.

11. The sanctions committees should monitor, throughout the sanctions regime, the humanitarian impact of sanctions on

vulnerable groups, including children, and make required adjustments of the exemption mechanisms to facilitate the delivery of humanitarian assistance. The indicators for assessment developed by the Secretariat could be used by the committees.

12. The sanctions committees should consider and monitor the possible impact of sanctions on the diplomatic efforts towards implementing Security Council resolutions and make required adjustments on the exemption mechanisms as appropriate.

13. In discharging their mandates, the sanctions committees should as much as possible seek to utilize the expertise and practical assistance of Member States, United Nations agencies, regional organizations and all humanitarian and other relevant organizations.

14. United Nations agencies as well as humanitarian organizations and other relevant organizations should benefit from special, simplified procedures in requesting humanitarian exemptions, in order to facilitate the implementation of their humanitarian programmes.

15. Consideration should be given to how humanitarian organizations could have the possibility to apply for humanitarian exemptions directly to the sanctions committees.

16. Foodstuffs, pharmaceuticals and medical supplies should be exempted from United Nations sanctions regimes. Basic or standard medical and agricultural equipment and basic or standard educational items should also be exempted. Consideration should be given to the drawing up of lists for that purpose. Other essential humanitarian goods should be considered for exemption. In this regard, it is recognized that efforts should be made to allow the population of the targeted countries to have access to appropriate resources and procedures for financing humanitarian imports.

17. Sanctions committees should consider ways to ensure that exemptions to sanctions regimes on religious grounds be made more effective.

18. The transparency of the sanctions committees’ work should be increased, inter alia, through substantive and detailed briefings by the Chairpersons.

19. Summary records of the sanctions committees’ formal meetings should be made available promptly.

20. Public information on the sanctions committees’ work should be made available on the Internet and other means of communication.

The present section deals with all 10 Security Council committees in the order of their establishment. Monitoring bodies whose work is closely linked with that of the committees are featured with the relevant committees under the subheading of monitoring. It should be noted that for clarification purposes only and when required, summarized descriptions of the

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mandatory measures, which are based on their nature and not intended to serve as legal definitions of those measures, are added (for example: arms embargo, travel restrictions, petroleum embargo, restriction of air traffic, restrictions on diplomatic representation). The measures imposed by the Council pursuant to Article 41 are described in chapter XI of this volume.

1. Security Council Committee established pursuant to resolution 661 (1990) concerning the situation between Iraq and Kuwait

The Committee established pursuant to resolution 661 (1990), concerning the situation between Iraq and Kuwait, continued to exercise its responsibility for monitoring the measures imposed by resolution 687 (1991) and for supervising the implementation of the oil-for-food programme established by resolution 986 (1995).21

Mandate implementation

By resolution 1051 (1996) of 27 March 1996, the Security Council approved the general principles to be followed in implementing the monitoring mechanism which was presented in the letter of 17 July 1995 from the Chairman of the Special Commission to the Chairman of the Committee established under resolution 661 (1990).22 The mechanism concerned the monitoring of future sales or supplies to Iraq of dual-use items that could assist Iraq in the production or acquisition of proscribed weapons. The Council also confirmed that, until it decided otherwise under its relevant resolutions, requests by other States for sales to Iraq or requests by Iraq for import of any item or technology to which the mechanism applied would continue to be addressed to the Committee for decision in accordance with paragraph 4 of the mechanism. The Council also decided that the Committee established under resolution 661 (1990) and the Special Commission would carry out the functions assigned to them under the monitoring mechanism, until the Council decided otherwise.

During the period under review, the Committee worked in close cooperation with the Office of the Iraq

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21 Under the oil-for-food programme, revenues generated from oil sales could be used to fund humanitarian and certain other expenses incurred in connection with Iraq.

22 S/1995/1017, annex II.

Programme to ensure the effective implementation of all relevant arrangements under the oil-for-food programme established by Security Council resolution 986 (1995).23 Pursuant to paragraph 25 of resolution 1284 (1999), the Committee adopted a number of measures with the aim of expediting the approval process for humanitarian supplies to Iraq.

Pursuant to resolutions 687 (1991) and 700 (1991), the Security Council conducted periodic reviews of the sanctions regime. The reviews were then suspended by resolution 1194 (1998) of 9 September 1998.

Monitoring and reporting

During the period under review, the Committee submitted three annual reports.24 The Committee also submitted a number of other reports on the implementation of the arms embargo and related sanctions.25

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23 The oil-for-food programme was successively renewed by resolutions 1111 (1997), 1143 (1997), 1153 (1998), 1210 (1998), 1242 (1999) and 1281 (1999).

24 S/1996/700, S/1997/672 and S/1998/1239. 25 The relevant documents include the following:

(a) reports pursuant to paragraph 6 (f) of the guidelines to facilitate full international implementation of paragraphs 24, 25 and 27 of Security Council resolution 687 (1991) (S/1996/127, S/1996/361, S/1996/676, S/1996/950, S/1997/141, S/1997/374, S/1997/949, S/1998/108, S/1998/387, S/1998/729, S/1998/1055, S/1999/110, S/1999/519, S/1999/848 and S/1999/1113); (b) reports pursuant to paragraphs 1, 2, 6, 8, 9 and 10 of resolution 687 (1991) (S/1999/907 and S/1999/1177); (c) reports pursuant to paragraph 12 of resolution 986 (1995) (S/1996/636, S/1997/213 and S/1997/417); (d) report pursuant to paragraph 13 of resolution 986 (1995) (S/1996/1015); (e) reports on the implementation of the arrangements set out in resolution 986 (1995) (S/1999/279 and S/1999/582); (f) reports pursuant to resolution 1111 (1997) on its work relating to the implementation of the oil-for-food programme (S/1997/672, S/1997/692, S/1997/942, S/1998/187 and S/1998/469); (g) reports pursuant to resolutions 1143 (1997) and 1153 (1998) on the refining and clarifying of its working procedures with regard to improving its approval process of humanitarian applications submitted to it under the oil-for-food scheme (S/1998/92 and S/1998/336); and (h) reports on its work relating to the implementation of phases IV and V of the oil-for-food programme (S/1998/813, S/1998/1104, S/1999/279 and S/1999/572).

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By resolution 1175 (1998) of 19 June 1998, the Security Council authorized States to permit, notwithstanding the provisions of paragraph 3 (c) of resolution 661 (1990), the export to Iraq of the necessary parts and equipment to enable Iraq to increase the export of petroleum and petroleum products. The Council also requested the Committee, or a panel of experts appointed by the Committee for that purpose, to approve contracts for the aforementioned parts and equipment, according to lists of parts and equipment approved by the Committee for each individual project.26

By resolution 1284 (1999) of 17 December 1999, the Council requested the Committee to appoint, in accordance with resolutions 1175 (1998) and 1210 (1998), a group of experts, including independent inspection agents appointed by the Secretary-General in accordance with paragraph 6 of resolution 986 (1995); decided that that group would be mandated to approve quickly contracts for the parts and the equipment necessary to enable Iraq to increase its exports of petroleum and petroleum products, according to lists of parts and equipment approved by that Committee for each individual project; and requested the Secretary-General to continue to provide for the monitoring of those parts and equipments inside Iraq.27

2. Security Council Committee established pursuant to resolution 724 (1991) concerning Yugoslavia

During the period under review, the Committee established pursuant to resolution 724 (1991) to monitor the implementation of the arms embargo imposed on Yugoslavia by resolution 713 (1991), continued its activities until its termination in October 1996.

Mandate implementation Monitoring and reporting

During the period under review, the Committee submitted its third and final report to the Council. The report contained a concise account of the work of the Committee from 1993 until the termination of the sanctions regime and a number of recommendations

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26 See resolution 1175 (1998), paras. 1 and 2. 27 Resolution 1284 (1999), para. 18.

regarding the refining of the instrument of sanctions with a view to increasing its effectiveness.28

Termination of mandate

By resolution 1074 (1996) of 1 October 1996, expressing gratitude for the Committee’s work, the Security Council decided to dissolve the Committee established by resolution 724 (1991).29

3. Security Council Committee established pursuant to resolution 748 (1992) concerning the Libyan Arab Jamahiriya

During the period under review, the Committee established pursuant to resolution 748 (1992) continued its supervision of the sanctions regime imposed against the Libyan Arab Jamahiriya relating to various aspects of aviation and arms related measures, reductions and restriction of the activities of the diplomatic and consular missions, and restrictions on nationals of the Libyan Arab Jamahiriya whose involvement in terrorist activities was known or suspected.

Mandate implementation

By a statement of the President dated 18 April 1996,30 the Council members requested the Committee to draw to the attention of Member States their obligations under resolution 748 (1992) in the event that Libyan-registered aircraft landed in their territory.

By a statement of the President dated 29 January 1997,31 the Council members indicated that the announcement by the Libyan authorities that Libyan Arab Airways would immediately resume international flights out of the Libyan Arab Jamahiriya was incompatible with resolution 748 (1992), which prohibited all international flights to and from that country.32 The Council also took note of reports that a

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28 S/1996/946. In addition, by a letter dated 24 September 1996 addressed to the President of the Security Council, the Chairman of the Committee transmitted to the members of the Council, for any action they wished to take, the report of the Copenhagen Round Table on United Nations Sanctions in the Case of the former Yugoslavia (S/1996/776).

29 Resolution 1074 (1996), para. 6. 30 S/PRST/1996/18, para. 2. 31 S/PRST/1997/2. 32 S/1997/52.

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Libyan-registered aircraft had flown from Tripoli to Accra on 21 January 1997, in apparent violation of resolution 748 (1992), and asked the Committee to follow up on the matter.33

By a statement of the President dated 4 April 1997,34 Council members cited the flight of a Libyan-registered aircraft from Tripoli to Jeddah, on 29 March 1997, as a clear violation of the sanctions regime and called on the Libyan Arab Jamahiriya to refrain from any further violations. The Council also requested the Committee to draw to the attention of States their obligations under resolution 748 (1992) in the event that Libyan registered aircraft landed in their territory.35

By a statement of the President dated 20 May 1997,36 Council members took note with concern of reports that Libyan-registered aircraft flew from Libya to Niger on 8 May 1997 and returned to Libya from Nigeria on 10 May in violation of resolution 748 (1992). The Council thus requested the Committee to follow up the matter directly with the representatives of the Libyan Arab Jamahiriya, Niger and Nigeria, and called upon all States to fulfil their obligations under resolution 748 (1992).37

By resolution 1192 (1998) of 27 August 1998, the Council reaffirmed that the measures set forth in its resolutions 748 (1992) and 883 (1993) remained in effect and binding on all Member States, and in that context reaffirmed the provisions of paragraph 16 of resolution 883 (1993), and decided that the aforementioned measures would be suspended if the Secretary-General reported to the Council that the two persons charged with the bombing of Pan Am flight 103 had arrived in the Netherlands for the purpose of trial before the relevant Scottish court, and that the Government of the Libyan Arab Jamahiriya had satisfied the French judicial authorities with regard to the bombing of UTA 772.

Following a letter addressed to the President of the Council from the Secretary-General reporting that the conditions set forth in resolution 1192 (1998) had

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33 Ibid., para. 2. 34 S/PRST/1997/18. 35 Ibid., para. 2. 36 S/PRST/1997/27. 37 Ibid., para. 1.

been met,38 by a statement of the President dated 8 April 1999,39 the Council members noted that the conditions for suspending the wide range of aerial, arms related and diplomatic measures against the Libyan Arab Jamahiriya had been fulfilled as of 5 April 1999. In a subsequent statement dated 9 July 1999,40 Council members recalled that the measures set forth in resolutions 748 (1992) and 883 (1993) had been suspended, and reaffirmed their intention to lift those measures, in conformity with the relevant resolutions.

Monitoring and reporting

In accordance with the note by the President of the Security Council dated 29 March 1995,41 during the period under review the Committee submitted five annual reports.42

4. Security Council Committee established pursuant to resolution 751 (1992) concerning Somalia

During the period under review, the Committee established pursuant to resolution 751 (1992) continued to oversee the implementation of the arms embargo imposed by resolution 733 (1992) against Somalia.

Mandate implementation Monitoring and reporting

In accordance with the note by the President of the Security Council of 29 March 1995,43 during the period under review the Committee submitted five annual reports.44

5. Security Council Committee established pursuant to resolution 864 (1993) concerning the situation in Angola

During the period under review, the Committee established pursuant to resolution 864 (1993)

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38 S/1999/378. 39 S/PRST/1999/10. 40 S/PRST/1999/22. 41 S/1995/234. 42 S/1996/2, S/1996/1079, S/1997/1030, S/1998/1237 and

S/1999/1299. 43 S/1995/234. 44 S/1996/17, S/1997/16, S/1997/1029, S/1998/1226 and

S/1999/1283.

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continued to fulfil its mandate of monitoring the measures imposed against the União Nacional para a Independência Total de Angola (UNITA) by resolution 864 (1993), and modified by subsequent resolutions 1127 (1997) and 1173 (1998).

Mandate implementation

Following the failure by UNITA to comply with its obligations under the “Acordos de Paz” and the Lusaka Protocol and with relevant Security Council resolutions, in particular resolution 1118 (1997), on 28 August 1997, the Council adopted resolution 1127 (1997), by which it decided to impose additional measures against UNITA, such as restrictions on the travel of senior members of UNITA and adult members of their immediate families, the closing of UNITA offices, the prohibition of flights of aircraft by or for UNITA, the supply of any aircraft or aircraft components to UNITA and the insurance, engineering and servicing of UNITA aircraft.45 By the same resolution, the Council requested the Committee established pursuant to resolution 864 (1993) to monitor the implementation of the measures and to report by 15 November 1997 regarding the actions taken by States to implement them.46 The Council also requested the Committee to draw up guidelines “expeditiously” for the implementation of the new restrictions imposed against UNITA.47

By resolution 1157 (1998) of 20 March 1998, the Security Council endorsed the planned visit by the Chairman of the Committee to Angola and other interested countries to discuss the full and effective implementation of the measures specified in paragraph 4 of resolution 1127 (1997) with a view to urging compliance by UNITA with its obligations under the

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45 Resolution 1127 (1997), para. 4. 46 Ibid., para. 11. Replies received from States were issued

as documents of the Committee and are listed in reports submitted by the Chairman of the Committee to the President of the Security Council (S/1998/145 and Add.1-3).

47 On 31 October 1997, the Committee adopted, under a no-objection procedure, the new consolidated guidelines for the conduct of its work, which were transmitted by a note verbale on 4 November 1997 to all States and international organizations and specialized agencies for their information and use as necessary. See the annual report of the Committee covering the period from 1 January to 31 December 1997 (S/1997/1027, para. 9).

Lusaka Protocol and relevant Security Council resolutions.48

By resolution 1164 (1998) of 29 April 1998, the Security Council expressed its appreciation to the Chairman of the Committee after his visit to Angola and other interested countries and reinforced the need for full and effective implementation of the measures specified in paragraph 4 of resolution 1127 (1997) in order to achieve compliance by UNITA with its obligations under the Lusaka Protocol and relevant Security Council resolutions.49

By resolution 1173 (1998) of 12 June 1998, the Council decided to establish additional measures against UNITA by imposing financial sanctions against UNITA, prohibiting the direct or indirect export from Angola of all diamonds originating from territories not controlled by the Government of Angola and banning any form of travel to territory controlled by UNITA.50 In connection with the above-mentioned measures, the Council requested all States to provide the Committee with information on actions taken to implement those measures and with any information about violations of the provisions of resolution 1173 (1998), for distribution to Member States.51 By the same resolution, the Council also decided that the Committee might authorize, on a case-by-case basis, under a no-objection procedure, exemptions to the measures specified above for verified medical and humanitarian purposes.52 Finally, the Council requested the Committee to (a) draw up guidelines expeditiously for the implementation of the above measures and consider ways and means for further strengthening the effectiveness of the measures adopted by the Council in its previous resolutions; and (b) report to the Council by 31 July 1998 regarding the actions taken by States to implement the aforementioned measures.53

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48 Resolution 1157 (1998), para. 3. 49 Resolution 1164 (1998), para. 13. 50 Resolution 1173 (1998), paras. 11 and 12. 51 Ibid., paras. 21 and 22. 52 Ibid., para. 13. 53 Ibid., para. 20. Replies received from States were issued

as documents of the Committee and are listed in reports submitted by the Committee to the President of the Security Council (S/1998/728 and Add.1). While the above-mentioned measures were originally to go into effect on 25 June 1998, by para. 2 of resolution 1176

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Monitoring and reporting

By resolution 1237 (1999) of 7 May 1999, the Security Council endorsed the recommendation contained in the Chairman’s letter dated 4 May 1999 and its enclosure,54 and decided to establish the panel of experts referred to therein for a period of six months, with the following mandate: (a) to collect information and investigate reports, including through visits to the countries concerned, relating to the violation of the measures imposed against UNITA with respect to arms and related materiel, petroleum and petroleum products, diamonds and the movement of UNITA funds as specified in the relevant resolutions and information on military assistance, including mercenaries; (b) to identify parties aiding and abetting the violations of the above-mentioned measures; and (c) to recommend measures to end such violations and to improve the implementation of the above-mentioned measures.55 By the same resolution, the Council also requested the Chairman of the Committee to submit to the Council, no later than 31 July 1999, an interim report of the panel of experts regarding its progress and preliminary findings and recommendations and to submit to the Council, within six months of the formation of the panel, the final report with recommendations.56

On 30 July 1999, the Chairman of the Committee transmitted to the Security Council a list of 10 experts appointed to the expert panels, as approved by the Committee under the no-objection procedure.57 The interim report of the panel of experts established pursuant to resolution 1237 (1999) was submitted by the Chairman of the Committee to the President of the Security Council on 30 September 1999.58

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(1998) of 24 June 1998 the Council decided that they would come into force on 1 July 1998, and by para. 3 moved the deadline for the Committee to report on the actions of States to implement the measures from 31 July to 7 August 1998.

54 S/1999/509. 55 Resolution 1237 (1999), para. 6. 56 Ibid., para. 7. 57 S/1999/837. Following the withdrawal of one candidate,

a tenth expert was recruited in October 1999 (see S/1999/837/Add.1).

58 S/1999/1016.

Monitoring

By resolution 1196 (1998) of 16 September 1998, in connection with the situation in Africa, the Security Council requested the committees established by resolutions imposing arms embargoes in Africa to submit recommendations, as appropriate, for strengthening the effectiveness of those embargoes.59 The Council also welcomed the initiative of the Chairman of the Committee established pursuant to resolution 864 (1993) to visit countries in the region and invited other Committees to consider this approach, where and when appropriate, to enhance the full and effective implementation of the measures specified in their respective mandates with a view to urging the parties to comply with relevant Council resolutions.60

By resolution 1202 (1998) of 15 October 1998, the Security Council requested the Chairman of the Committee to investigate reports that the leader of UNITA had travelled outside Angola in violation of resolution 1127 (1997) and that forces of UNITA had received military training and assistance as well as arms from outside Angola in violation of resolution 864 (1993).61 In a note by the President of the Security Council dated 18 February 1999,62 and subsequently by resolution 1229 (1999) of 26 February 1999,63 the Council, inter alia, endorsed those recommendations.64

By resolution 1237 (1999) of 7 May 1999, the Security Council welcomed and endorsed the planned visit to Angola and other concerned countries by the Chairman of the Committee concerning the situation in Angola.65 On 4 June 1999, the Chairman submitted a report to the Security Council on his visits to Angola, Botswana, the Democratic Republic of the Congo, Namibia, South Africa, Zambia and Zimbabwe from 10 to 27 May 1999, with recommendations for enhancing the implementation of the measures imposed against UNITA.66 In July 1999, the Chairman visited Algeria, Belgium, France, Ukraine and the United Kingdom. A report on those visits, containing further __________________

59 Resolution 1196 (1998), para. 3. 60 Ibid., para. 7. 61 Resolution 1202 (1998), para. 14. 62 S/1999/168. 63 Resolution 1229 (1999), para. 8. 64 S/1999/147. 65 Resolution 1237 (1999), para. 2. 66 S/1999/644.

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recommendations for better implementation of the measures imposed against UNITA, was submitted to the Council on 28 July.67

By resolution 1135 (1997) of 29 October 1997, the Security Council requested the Committee to report to the Council by 15 December 1997 regarding the actions taken by States to implement the measures specified in paragraph 4 of resolution 1127 (1997).68 In accordance with this resolution, the Committee submitted two reports regarding the action taken by Member States to implement the provisions of resolution 1127 (1997).69

By resolution 1176 (1998) of 24 June 1998, the Security Council requested the Committee to report to the Council, by 7 August 1998, regarding the actions taken by States to implement the measures specified in paragraphs 11 and 12 of resolution 1173 (1998).70 In accordance with this resolution, the Committee submitted two reports, dated 7 August and 8 October 1998, respectively.71

By resolution 1221 (1999) of 12 January 1999, the Security Council, condemning the downing of two aircraft chartered by the United Nations, stressed the obligation of Member States to comply with the measures imposed against UNITA contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998).72 It also expressed its readiness to pursue reports of violations of those measures, to take steps to reinforce their implementation and to consider the imposition of additional measures, including in the area of telecommunications, on the basis of a report to be prepared by the Committee.73 In response to this request, on 12 February 1999, the Committee submitted a report containing recommendations by the Secretary-General and proposals by the Committee for improving the implementation of the measures imposed against UNITA.74

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67 S/1999/829. 68 Resolution 1135 (1997), para. 9. 69 S/1997/977 and Add.1, and S/1998/145 and Add.1. 70 Resolution 1176 (1998), para. 3. 71 S/1998/728 and Add.1. 72 Resolution 1221 (1999), para. 7. 73 Ibid., para. 8. 74 S/1999/147. With regard to the possible imposition of

measures in the area of telecommunications, the Committee stated that it would report to the Council as soon as it had the opportunity to consider responses to

During the period under review, the Committee submitted four annual reports,75 in accordance with the note by the President of the Security Council of 29 March 1995.76

6. Security Council Committee established pursuant to resolution 918 (1994) concerning Rwanda

During the period under consideration, the Committee established pursuant to resolution 918 (1994), continued to fulfil its mandate of monitoring the arms embargo imposed by that resolution and modified by resolution 1011 (1995).

Mandate implementation Monitoring and reporting

During the period under review, the Committee submitted five annual reports.77 On 1 September 1996, the restrictions imposed by paragraph 13 of resolution 918 (1994) relating to the sale or supply of arms and related materiel to the Government of Rwanda were terminated, in accordance with paragraph 8 of resolution 1011 (1995). However, in its reports, the Committee observed that all States were required to continue to implement those restrictions. In this respect, the Committee reported to the Council four notifications received from States on the export of arms or related materiel to Rwanda, as well as on imports of arms and related materiel made by the Government of Rwanda.78 Furthermore, in its reports, the Committee noted that, in the absence of a specific monitoring mechanism to ensure the effective implementation of the arms embargo, the Committee relied solely on the cooperation of States and

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the Committee Chairman’s letters of 26 January 1999 to the International Telecommunication Union and the International Telecommunications Satellite Organization. The Committee specified that it had already received information from some Member States and anticipated additional responses from other Member States and expert sources.

75 S/1996/37, S/1997/33, S/1997/1027 and S/1998/1227. 76 S/1995/234. 77 S/1996/82, S/1997/15, S/1997/1028, S/1998/1219 and

S/1999/1292. 78 See S/1997/15, para. 4. The four notifications have been

issued as documents (S/1996/329/Rev.1, S/1996/396/Rev.1, S/1996/407/Rev.1 and S/1996/697).

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organizations in a position to provide it with pertinent information on violations of the arms embargo.79

In its annual report covering the period from 1 January to 31 December 1998, the Committee took note of resolution 1196 (1998), by which, inter alia, the Council reiterated the obligation of all States to carry out the decisions of the Council on arms embargoes and its request that all States report information on possible violations of arms embargoes established by the Council to the relevant Security Council committees. The Committee also endorsed paragraph 2 of that resolution, in which the Council encouraged each Member State, as appropriate, to consider as a means of implementing these obligations the adoption of legislation or other legal measures making the violation of arms embargoes established by the Council a criminal offence.80

7. Security Council Committee established pursuant to resolution 985 (1995) concerning Liberia

During the period under review, the Committee established pursuant to resolution 985 (1995) continued to fulfil its mandate to oversee the implementation of the arms embargo imposed by resolution 788 (1992).

Mandate implementation Monitoring and reporting

By a statement of the President dated 7 January 1999 in connection with the situation in Sierra Leone,81 Council members condemned all those who had afforded support, including through the supply of arms and mercenaries, to the rebels in Sierra Leone, and expressed its grave concern at reports that such support was being afforded in particular from the territory of Liberia. The Council therefore urged the Committee created pursuant to resolution 985 (1995) to pursue active measures to investigate violations of the embargoes and to report to the Council with recommendations, as appropriate.82

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79 S/1998/1219. 80 S/1998/1219, para. 5. 81 S/PRST/1999/1. 82 Ibid., para. 2.

During the period under review, the Committee submitted five annual reports.83 In those reports, the Committee noted that, in the absence of a specific monitoring mechanism to ensure the effective implementation of the arms embargo, the Committee relied solely on the cooperation of States and organizations in a position to provide it with pertinent information on violations of the arms embargo. In its report covering the period from 1 January to 31 December 1998, the Committee endorsed paragraph 2 of resolution 1196 (1998), in which the Council encouraged each Member State to consider as a means of implementing its obligations the adoption of legislation or other legal measures making the violation of arms embargoes established by the Council a criminal offence.84

During the period under review, the Committee considered three communications regarding alleged violations of the arms embargo imposed against Liberia and, in that regard, sent letters of enquiry to Burkina Faso, Liberia and Ukraine on 26 May 1999.85

8. Security Council Committee established pursuant to resolution 1132 (1997) concerning Sierra Leone

Establishment and mandate

Following the military coup d’état staged by the Revolutionary United Front (RUF) on 25 May 1997, the Council adopted resolution 1132 (1997) of 8 October 1997, by which it imposed arms and petroleum embargoes and restrictions on the travel of members of the military junta and their families.86 By the same resolution, the Security Council established a Committee to investigate violations of the regime of mandatory sanctions imposed against Sierra Leone and report to the Council in this respect. The Committee was specifically given the following tasks: (a) to seek from all States further information regarding their action to implement effectively the embargoes and the restrictions on travel abroad for members of the military junta of Sierra Leone and adult members of their families; (b) to consider information brought to

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83 S/1996/72, S/1996/1077, S/1997/1026, S/1998/1220 and S/1999/1301.

84 S/1998/1220, para. 4. 85 S/1999/1301, paras. 5 to 11. 86 Resolution 1132 (1997), paras. 5 and 6.

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its attention by States concerning violations of the measures imposed by that resolution, and to recommend appropriate measures in response thereto; (c) to make periodic reports to the Council on information submitted to it regarding alleged violations of the measures imposed by that resolution, identifying where possible persons or entities, including vessels, were reported to be engaged in such violations; (d) to promulgate guidelines to facilitate the implementation of the measures imposed by that resolution; (e) to consider and decide expeditiously requests for the approval of imports of petroleum and petroleum products, on a case-by-case basis under a no-objection procedure; (f) to designate and compile a list of members of the military junta of Sierra Leone and adults belonging to their families, whose entry or transit was to be prevented by all States; (g) to examine the reports submitted by States and by the Observer Group of the Economic Community of West African States (ECOMOG); and (h) to establish liaison with the Economic Community of West African States (ECOWAS) committee on the implementation of the embargoes and restrictions on travel.87

Mandate implementation

By resolution 1156 (1998) of 18 March 1998, welcoming the return to Sierra Leone of its democratically elected President on 10 March 1998, the Council decided to lift the petroleum embargo, as imposed by paragraph 6 of resolution 1132 (1997).

By resolution 1171 (1998) of 5 June 1998, the Council lifted the restrictions on travel and embargoes imposed by paragraphs 5 and 6 of resolution 1132 (1997) and, at the same time, reinforced the arms embargo and selective travel ban on non-governmental forces.88 By the same resolution, the Council further decided that the Committee established by resolution 1132 (1997) should continue to undertake the tasks referred to in paragraph 10 (a), (b), (c), (d), (f) and (h) of resolution 1132 (1997) in relation to paragraphs 2 and 5 of resolution 1171 (1998).89

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87 Ibid., para. 10. 88 Resolution 1171 (1998), paras. 1-5. 89 Ibid., para. 6.

Monitoring and reporting

By resolution 1196 (1998) of 16 September 1998, in connection with the situation in Africa, the Security Council requested the committees established by resolutions imposing arms embargoes in Africa to submit recommendations, as appropriate, for strengthening the effectiveness of these embargoes.90 The Council also welcomed the initiative of the Chairman of the Committee established pursuant to resolution 1132 (1997) to visit countries in the region and invited other Committees to consider this approach, where and when appropriate, in order to enhance the full and effective implementation of the measures specified in their respective mandates with a view to urging the parties to comply with relevant Council resolutions.91

During the period under review, the Committee submitted two annual reports to the Council.92 Furthermore, pursuant to paragraph 9 of resolution 1132 (1997), ECOWAS was requested to report to the Committee on all activities undertaken to ensure the strict implementation of the provisions of paragraphs 5 and 6 of that resolution relating to the arms embargo, the restrictions on travel abroad for members of the military junta of Sierra Leone and adult members of their families, and the supply of petroleum and petroleum products. In its report covering the period from 1 January to 31 December 1998, the Committee reported that ECOWAS had submitted to it four reports.93

In its report covering the period from 1 January to 31 December 1999, the Committee observed that since it played a central role in the monitoring of the implementation of the sanctions regime on Sierra Leone, it should consider ways to improve the monitoring and implementation of the sanctions against Sierra Leone. The Committee added that reports through ECOWAS, from ECOMOG and/or UNOMSIL, could strengthen the effectiveness of the arms embargo, by assisting the Committee in its efforts to guard against the influx of arms and related materiel of all types into the territory of Sierra Leone, as

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90 Resolution 1196 (1998), para. 3. 91 Ibid., para. 7. 92 S/1998/1236 and S/1999/1300 and Corr.1. 93 S/1998/1236, para. 6.

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recommended in paragraphs 3 and 4 of Security Council resolution 1196 (1998).94

9. Security Council Committee established pursuant to resolution 1160 (1998)

Establishment and mandate

By resolution 1160 (1998) of 31 March 1998, the Council decided that all States should, for the purposes of fostering peace and stability in Kosovo, prevent the sale or supply to the Federal Republic of Yugoslavia, including Kosovo, by their nationals or from their territories or using their flag vessels and aircraft, of arms and related materiel of all types, such as weapons and ammunition, military vehicles and equipment and spare parts for the aforementioned, and should prevent arming and training for terrorist activities there.95 By the same resolution, the Council decided to establish a Committee of the Security Council to monitor the implementation of the newly imposed measures. Specifically, the Committee was mandated (a) to seek from all States information regarding the action taken by them concerning the effective implementation of the prohibitions imposed by that resolution; (b) to consider any information brought to its attention by any State concerning violations of the imposed prohibitions and to recommend appropriate measures in response thereto; (c) to make periodic reports to the Security Council on information submitted to it regarding alleged violations of the imposed prohibitions; (d) to promulgate such guidelines as may be necessary to facilitate the implementation of the imposed prohibitions; and (e) to examine the reports submitted by States, indicating the steps they had taken to give effect to the imposed prohibitions.96

Mandate implementation Monitoring and reporting

During the period under review, the Committee submitted one annual report to the Security Council covering its activities from its establishment in April 1998 to December 1998.97 The second report of the Committee, covering activities carried out during 1999, was submitted by the Chairperson of the Committee to

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94 S/1999/1300 and Corr.1, para. 14. 95 Resolution 1160 (1998), para. 8. 96 Ibid., para. 9. 97 S/1999/216.

the President of the Security Council on 27 June 2000.98

10. Security Council Committee established pursuant to resolution 1267 (1999) concerning Al-Qaida and the Taliban and associated individuals and entities

Establishment and mandate

By resolution 1267 (1999) of 15 October 1999, the Security Council imposed a flight ban on any aircraft owned, leased or operated by or on behalf of the Taliban, and mandated the freezing of funds directly or indirectly owned or controlled by the Taliban.99 By the same resolution, the Council established a Committee to ensure the effective implementation of the sanctions regime imposed against the Taliban. Specifically, the Committee was mandated (a) to seek from all States further information regarding the action taken by them with a view to effectively implementing the aircraft restrictions and the freezing of funds of the Taliban; (b) to consider information brought to its attention by States concerning violations of the measures imposed against the Taliban and to recommend appropriate measures in response thereto; (c) to make periodic reports to the Council on the impact of the imposed measures, including their humanitarian implications; (d) to make periodic reports to the Council on information submitted to it regarding alleged violations of the imposed measures, identifying where possible persons or entities reported to be engaged in such violations; (e) to designate the aircraft and funds or other financial resources to which the sanctions applied, in order to facilitate the implementation of the sanctions; (f) to consider requests for exemptions from the sanctions and to decide on a possible granting of an exemption; and (g) to examine the reports submitted by States, in complying with their duty to cooperate fully with the Committee.100 By paragraph 10 of the same resolution, all States were requested to report to the Committee, within 30 days of the coming into force of the measures imposed, on the steps they had taken with a view to effectively implementing them.101

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98 S/2000/633. 99 Resolution 1267 (1999), para. 4 (a) and (b). 100 Ibid., para. 6. 101 Ibid., para. 10.

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C. Informal and ad hoc working groups

During the period under review, the Council’s Informal Working Group on Documentation and Other Procedural Questions continued to exist. In addition, the Council established, for a period of six months, two new informal working groups: the Ad Hoc Working Group on Africa and the Informal Working Group on

the Protection of Civilians in Armed Conflict. The working groups, consisting of all fifteen members of the Council, held their meetings in private sessions, and reached their decisions by consensus. A brief overview of the establishment and mandate of the working groups is provided in the table below.

Informal and ad hoc working groups

Title Establishment Mandate

Informal Working Group on Documentation and Other Procedural Questions

June 1993 (no formal decision was taken)

To deal with issues related to documentation and other procedural questions

Ad Hoc Working Group on Africa

Resolution 1170 (1998) To review all recommendations in the report related to the maintenance of international peace and security,a in accordance with the Charter of the United Nations, and in that context, to prepare a framework for the implementation of recommendations, as appropriate, and to submit specific proposals for concrete action for consideration by the Council by September 1998

Informal Working Group on the Protection of Civilians in Armed Conflict

Resolution 1265 (1999), paragraph 22; note by the President of the Security Council (S/1999/1160)

To review further the recommendations contained in the report of the Secretary-Generalb and to consider appropriate steps by April 2000 in accordance with its responsibilities under the Charter of the United Nations

a S/1998/318. b S/1999/957.

D. Fact-finding missions and investigative bodies

During the period under review, the International Commission of Inquiry established under resolution 1012 (1995) concerning Burundi and the Commission of Inquiry established pursuant to resolution 1013 (1995) concerning Rwanda continued to exist and fulfil their respective mandates.

1. International Commission of Inquiry established under resolution 1012 (1995) concerning Burundi

During the period under consideration, the International Commission of Inquiry established under resolution 1012 (1995) concerning Burundi continued to carry out its mandate, as follows: (a) to establish the facts relating to the assassination of the President of Burundi on 21 October 1993, the massacres and other related serious acts of violence which had followed; and (b) to recommend measures of a legal, political or

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administrative nature, as appropriate, after consultation with the Government of Burundi, and measures with regard to the bringing to justice of persons responsible for those acts, to prevent any repetition of deeds similar to those investigated by the Commission and, in general, to eradicate impunity and promote national reconciliation in Burundi.102

In a statement by the President dated 5 January 1996,103 the members of the Council, expressing their concern about the deterioration of the situation in Burundi, stressed the importance they attached to the work of the International Commission of Inquiry, and undertook to study carefully the letter from the Secretary-General dated 3 January 1996 containing an interim report on that work.104

By a letter dated 25 July 1996 addressed to the President of the Security Council,105 the Secretary-General transmitted the final report of the International Commission of Inquiry. In that report, the Commission explained that it was not in a position to identify by name the persons who should be brought to justice for being responsible for the assassinations, the massacres and other acts of serious violence which occurred in and after October 1993.

By a letter dated 24 September 1996,106 the President of the Security Council informed the Secretary-General that the members of the Council were gravely concerned at the conclusions of the Commission set out in its report. The members of the Council expressed the view that, once conditions permitted, the recommendations of the Commission be given further consideration. Since the members of the Council noted that the Commission was not able to function freely, they decided to remain seized of the matter and to consider further action with regard to the report of the Commission in the light of developments in the country.

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102 Resolution 1012 (1995), para. 1. 103 S/PRST/1996/1. 104 S/1996/8 and annex. 105 S/1996/682. 106 S/1996/780.

2. International Commission of Inquiry established pursuant to resolution 1013 (1995) concerning Rwanda

During the period under consideration, the International Commission of Inquiry established pursuant to resolution 1013 (1995) concerning Rwanda continued to carry out its mandate, as follows: (a) to collect information and investigate reports relating to the sale or supply of arms and related materiel to former Rwandan government forces in the Great Lakes region; (b) to investigate allegations that such forces were receiving military training in order to destabilize Rwanda; (c) to identify parties aiding and abetting the illegal acquisition of arms by former Rwandan government forces; and (d) to recommend measures to end the illegal flow of arms in the subregion.107

By a letter dated 26 January 1996 addressed to the President of the Security Council,108 the Secretary-General transmitted to the members of the Council the interim report of the International Commission of Inquiry.109 The final report of the Commission was transmitted to the Council in a letter dated 13 March 1996 from the Secretary-General addressed to the President of the Security Council.110 As requested by the Council, the report contained the conclusions of the Commission of Inquiry, as well as its recommendations regarding possible measures to curb the illegal flow of arms in the Great Lakes region. In the same letter, the Secretary-General underlined the necessity to review the composition and the modus operandi of the Commission, should the Council decide that the Commission must continue its investigations.

By resolution 1053 (1996) of 23 April 1996, having considered the Commission’s reports, the Security Council commended the members of the Commission of Inquiry for the excellent investigation conducted, although noting with concern the continuing lack of full cooperation with the Commission by some Governments. The Council further expressed its concern with regard to the finding of the Commission that certain Rwandan elements were receiving military training to conduct destabilizing raids into Rwanda, and also with regard

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107 Resolution 1013 (1995), para. 1. 108 S/1996/67. 109 S/1996/67, annex. 110 S/1996/195.

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to the strong evidence presented by the Commission leading to the conclusion that it was highly probable that a violation of the arms embargo had occurred. Noting also that the Commission had not yet been able to investigate thoroughly the allegations of continuing violations of the arms embargo, the Council, by the same resolution, requested the Secretary-General to maintain the Commission on the basis set out in paragraph 91 (c) of the Commission’s report.111 The Commission was therefore requested to follow up on its earlier investigations and to stand ready to pursue any further allegations of violations.

By a letter dated 1 November 1996 addressed to the President of the Security Council,112 the Secretary-General transmitted the third report of the Commission of Inquiry. In his letter, the Secretary-General referred to paragraph 119 of the report in which the Commission had indicated that, pursuant to paragraph 2 of resolution 1053 (1996) and subject to the concurrence of the Security Council, it intended to continue its work with a view to following up its investigations, pursuing any further allegations of violations and making periodic reports on the evolution of the situation with regard to compliance with the relevant Council resolutions. The Secretary-General added that, by the same paragraph, the Commission also expressed the view that its mandate would need to be reviewed in the light of any decision that the Council might take concerning the deployment of United Nations observers or in the light of any other decisions that the Council might adopt to address the deteriorating situation in the Great Lakes region. By a letter dated 22 January 1998 addressed to the President of the Security Council, the Secretary-General transmitted to the Council an addendum to the third report of the Commission of Inquiry.113

By resolution 1161 (1998) of 9 April 1998, the Security Council, while commending the members of the Commission of Inquiry on the investigation conducted and, in particular on the final report, recognized the need for a renewed investigation of the illegal flow of arms in Rwanda and requested the Secretary-General to reactivate the Commission of Inquiry with the following mandate: (a) to collect information and investigate reports relating to the sale, supply and shipment of arms and related materiel to former Rwandan government forces and militias in the Great Lakes region of Central Africa; (b) to identify __________________

111 Resolution 1053 (1996), para. 2. 112 S/1997/1010. 113 S/1998/63, annex.

parties aiding and abetting the illegal sale to or acquisition by former Rwandan government forces and militias; and (c) to make recommendations relating to the illegal flow of arms in the Great Lakes region.114 The Council further recommended that the Commission resume its work as soon as possible, and requested the Secretary-General to report to the Council on the reactivation of the Commission, and to submit an interim report to the Council on the initial conclusions of the Commission within three months of its reactivation, to be followed by a final report containing its recommendations three months later.115

By a letter dated 27 May 1998 addressed to the President of the Security Council,116 the Secretary-General informed the President of the Security Council that the Commission of Inquiry had been reactivated, and he also reported on its composition.

Pursuant to resolution 1161 (1998), the Commission of Inquiry submitted, via the Secretary-General, an interim report on 18 August 1998,117 and a final report on 18 November 1998,118 confirming that the ex-Forces armées rwandaises and Interahamwe militias had continued to receive arms and ammunition mainly from other armed groups in Angola, Burundi, Uganda and from the Government of the Democratic Republic of the Congo. In its report, the Commission also underlined the lack of effectiveness of the two embargoes imposed by the Security Council owing to the close relationship existing between the ex-Forces armées rwandaises, Interahamwe, the Democratic Republic of the Congo and its allies, the Governments of Angola, Chad, Namibia and Zimbabwe.

E. Peacekeeping operations and political missions

The period under review witnessed a dramatic increase in the total number of peacekeeping missions deployed and in the greatly expanded range of tasks assigned to them. Beyond interposition between forces and multidisciplinary operations to assist the parties to implement agreements, peacekeepers also assumed responsibility for interim administrations as in the cases of Kosovo119 and East Timor. The period also

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114 Resolution 1161 (1998), para. 1. 115 Ibid., para. 7. 116 S/1998/438.

117 S/1998/777, annex. 118 S/1998/1096, annex. 119 For purposes of this Supplement, the term “Kosovo”

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saw an increase in United Nations political missions, including peacebuilding offices.120

Between 1996 and 1999, the Council mandated, often acting under Chapter VII of the Charter, the establishment of 15 new peacekeeping operations,121 while authorizing the termination or transition to new peacekeeping missions of 14 operations.122 During the same period, the Council authorized the establishment of four new political missions.123 In some cases, the

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refers to “Kosovo, Federal Republic of Yugoslavia”, without prejudice to issues of status. In other instances, the terminology originally used in official documents has been preserved to the extent possible.

120 This is the first Supplement to the Repertoire in which political missions are covered in chapter V. As a result, information on political missions that were established in the previous period (1993-1996) is also included here.

121 United Nations Observation Mission in Angola (MONUA); United Nations Mission in the Central African Republic (MINURCA); United Nations Mission of Observers in Sierra Leone (UNOMSIL); United Nations Mission in Sierra Leone (UNAMSIL); United Nations Observer Mission in the Democratic Republic of the Congo (MONUC); United Nations Support Mission in Haiti (UNSMIH); United Nations Transition Mission in Haiti (UNTMIH); United Nations Verification Mission in Guatemala (MINUGUA); United Nations Civilian Police Mission in Haiti (MIPONUH); United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES); United Nations Civilian Police Support Group (UNPSG); United Nations Mission of Observers in Prevlaka (UNMOP); United Nations Interim Administration Mission in Kosovo (UNMIK); United Nations Mission in East Timor (UNAMET); and United Nations Transitional Administration in East Timor (UNTAET).

122 United Nations Observer Mission in Liberia (UNOMIL); United Nations Assistance Mission for Rwanda (UNAMIR); United Nations Angola Verification Mission III (UNAVEM III); United Nations Mission of Observers in Sierra Leone (UNOMSIL); United Nations Mission in Haiti (UNMIH); United Nations Transition Mission in Haiti (UNTMIH); United Nations Support Mission in Haiti (UNSMIH); United Nations Verification Mission in Guatemala (MINUGUA); United Nations Preventive Deployment Force (UNPREDEP); United Nations Confidence Restoration Operation in Croatia (UNCRO); United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES); United Nations Civilian Police Support Group (UNPSG); United Nations Mission in East Timor (UNAMET); and United Nations Observer Mission in Angola (MONUA).

123 United Nations Political Office in Bougainville

Council authorized significant changes and expansions in the mandates of peacekeeping operations, including a number of those established during an earlier period.

Thirty-one peacekeeping operations and six political missions are considered below, by geographic region. Studies of missions in each region are generally in the order of their establishment, while interlinked operations are dealt with jointly. As a full account of Council proceedings, including the details of deliberations by the Council on the question and the content of the reports of the Secretary-General on the situations on the ground, is set out in chapter VIII of this volume, this section focuses on procedures of the Council concerning the establishment, mandate, composition, implementation of mandate, and termination or transition of peacekeeping operations during the period under review. It is noted that, in accordance with the general principles set out in General Assembly resolutions 874 (S-IV) of 27 June 1963 and 3101 (XXVIII) of 11 December 1973, peacekeeping operations during the period under consideration were financed through assessed contributions by Member States, except where mentioned otherwise.

Africa

1. United Nations Mission for the Referendum in Western Sahara established pursuant to resolution 690 (1991)

During the period under review, the United Nations Mission for the Referendum in Western Sahara (MINURSO) continued its efforts in support of the implementation of the settlement plan and agreements reached by the Government of Morocco and Frente Polisario to hold a free, fair and impartial referendum that would allow the people of Western Sahara to decide the future status of the territory.

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(UNPOB); United Nations Peacebuilding Support Office in Liberia (UNOL); United Nations Office in Angola (UNOA); and United Nations Peacebuilding Support Office in Guinea-Bissau (UNOGBIS).

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Mandate implementation

By a series of resolutions,124 adopted on the basis of the Secretary-General’s reports,125 the Security Council successively extended the mandate of MINURSO for additional periods of one to six months. The last such extension was until 29 February 2000, with the expectation that the parties would meet in direct talks under the auspices of the Personal Envoy of the Secretary-General to try to resolve the multiple problems relating to the implementation of the settlement plan and to try to agree upon a mutually acceptable political solution to their dispute over Western Sahara.

On the basis of the recommendation of the Secretary-General,126 the Council, by resolution 1148 (1998) of 26 January 1998, approved the deployment of an engineering unit required for demining activities and of the additional administrative staff required to support the deployment of military personnel.127 It also expressed its intention to consider positively the request for the remaining additional military and civilian police assets for MINURSO that the Secretary-General had requested, as soon as he reported that the identification process had reached a stage which made the deployment of those assets essential.128

2. United Nations Observer Mission in Liberia established pursuant to resolution 866 (1993)

During the period under review, the United Nations Observer Mission in Liberia (UNOMIL) continued to exercise good offices in support of the efforts of ECOWAS to implement the peace agreement; investigate alleged ceasefire violations; assist in demobilization of combatants; support humanitarian assistance and investigate human rights violations.

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124 Resolutions 1042 (1996), 1056 (1996), 1108 (1997), 1131 (1997), 1133 (1997), 1163 (1998), 1185 (1998), 1198 (1998), 1204 (1998), 1215 (1998), 1224 (1999), 1228 (1999), 1232 (1999), 1235 (1999), 1238 (1999), 1263 (1999) and 1282 (1999).

125 S/1996/43, S/1996/343, S/1996/913, S/1997/358, S/1997/742, S/1998/316, S/1998/634, S/1998/775, S/1998/849, S/1998/997, S/1998/1160, S/1999/88, S/1999/307, S/1999/483, S/1999/954 and S/1997/1219.

126 S/1997/882. 127 Resolution 1148 (1998), para. 1. 128 Ibid., para. 2.

Mandate implementation

Prior to its termination on 30 September 1997, the Council extended the mandate of UNOMIL six times for periods of varying lengths,129 in accordance with the recommendations of the Secretary-General.130

In a report dated 22 August 1996,131 the Secretary-General informed the Council of his intension to deploy to Liberia an additional 24 military observers, as well as essential civilian personnel to assist UNOMIL in responding to developments on the ground. Pursuant to resolution 1071 (1996), the Secretary-General, in a report dated 17 October 1996,132 made recommendations on additional ways in which UNOMIL could provide assistance in support of the peace process in Liberia, which the Council concurred with in a letter dated 8 November 1996.133 The assistance included, inter alia, disarmament, demobilization and human rights aspects. In an addendum to his report, dated 22 October 1996, the Secretary-General informed the Council of an increase in the strength of the Mission by 58 military observers, 54 international staff, 613 local staff and 28 United Nations Volunteers.134

Termination of mandate

By a statement of the President dated 30 July 1997,135 the Council members noted that the successful conclusion of the electoral process marked the fulfilment of a key element of the mandate of UNOMIL. By resolution 1116 (1997), the Council decided to extend the mandate of UNOMIL until 30 September 1997, with the expectation that it would terminate on that date.136 In his final reports on UNOMIL,137 the Secretary-General stated that, pending further consultations with the Government of Liberia, it was his intention to recommend the establishment of a peacebuilding support office to

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129 Resolutions 1041 (1996), 1059 (1996), 1071 (1996), 1083 (1996), 1100 (1997) and 1116 (1997).

130 S/1996/47, S/1996/362, S/1996/684, S/1996/962, S/1997/237 and S/1997/478.

131 S/1996/684. 132 S/1996/858. 133 S/1996/917. 134 S/1996/858/Add.1. 135 S/PRST/1997/41. 136 Resolution 1116 (1997), para. 1. 137 S/1997/643 and S/1997/712.

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succeed UNOMIL after 30 September 1997. In accordance with resolution 1116 (1997), the Mission was closed on 30 September 1997.

3. United Nations Peacebuilding Support Office in Liberia

Establishment, mandate and composition

In his reports dated 13 August and 12 September 1997 respectively,138 the Secretary-General recommended the establishment of a peacebuilding support office in Liberia, which would succeed UNOMIL upon the expiration of its mandate. By a letter dated 22 October 1997 addressed to the President of the Security Council,139 the Secretary-General noted that the participants in the fourth Ministerial meeting of the ad hoc Special Conference on Liberia, held on 3 October 1997, had expressed strong support for the establishment of a United Nations Peacebuilding Support Office in the country. Following the elections and the withdrawal of UNOMIL, the United Nations Peacebuilding Support Office in Liberia (UNOL) was established on 1 November 1997, with the Council’s approval.140

The Office’s activities focused on the consolidation of peace; the promotion of reconciliation and the strengthening of democratic institutions; support for local human rights initiatives; political support for efforts to mobilize international resources and assistance for national recovery and reconstruction; and coordination of efforts by the United Nations system in the country on matters related to peacebuilding.141

The Office initially consisted of 12 international staff and 3 local staff.

Mandate implementation

During the period under review, the mandate of UNOL was extended on two occasions through exchanges of letters between the Secretary-General and the President of the Security Council for further

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138 S/1997/643 and S/1997/712. 139 S/1997/817. 140 S/1998/1080. 141 Ibid.

periods of 12 months, the last of which was until December 2000.142

4. United Nations Assistance Mission for Rwanda established pursuant to resolution 872 (1993)

Until its termination in 1996, the United Nations Assistance Mission for Rwanda (UNAMIR) continued to fulfil its mandate to help the Rwandan parties implement the Arusha Peace Agreement signed on 4 August 1993.

Mandate implementation: termination of mandate

The Security Council, by resolution 1050 (1996) dated 8 March 1996, took note of the arrangements made by the Secretary-General for the withdrawal, starting on 9 March 1996, of UNAMIR pursuant to Council resolution 1029 (1995) of 12 December 1995.143 The Security Council also authorized elements of UNAMIR remaining in Rwanda to contribute to the protection of the personnel and premises of the International Tribunal for Rwanda until the final withdrawal of the Mission.144 The mandate of UNAMIR officially came to an end on 8 March 1996, and the withdrawal of the Mission was completed in April 1996.

5. United Nations Office in Burundi

Establishment, mandate and composition

Following the military coup d’état in Burundi on 21 October 1993, the Council members requested, in a statement by the President dated 25 October 1993,145 that the Secretary-General monitor and follow the situation, in close association with the Organization of African Unity (OAU). Subsequently, in a statement by the President dated 16 November 1993,146 the Council encouraged the Secretary-General to continue using his good offices through his Special Representative and to consider dispatching as soon as possible a small United Nations team to Burundi for fact-finding and advice

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142 S/1998/1080, S/1998/1081, S/1999/1064 and S/1999/1065.

143 Resolution 1050 (1996), para. 1. For the report of the Secretary-General, see S/1996/149.

144 Resolution 1050 (1996), para. 2. 145 S/26631. 146 S/26757.

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with a view to facilitating the efforts of the Government of Burundi and OAU. In response to that request of the Security Council, the United Nations Office in Burundi (UNOB) was established in November 1993 to support the initiatives aimed at promoting peace and reconciliation between the parties to the conflict.147

During the period under consideration, UNOB was composed of 12 international and 17 local staff.

Mandate implementation

By a letter dated 12 April 1999 addressed to the President of the Security Council,148 the Secretary-General informed the Security Council that the peace process in Burundi had entered a critical phase and that he had therefore decided to upgrade the level of UNOB by appointing the head of the Office as his representative in the country. The Council concurred with the decision of the Secretary-General.149

By a letter dated 2 November 1999 addressed to the President of the Security Council,150 the Secretary-General indicated that, although the peace process had been expected to culminate in the conclusion of a general peace agreement by the end of 1999, it appeared likely that peace efforts would continue into 2000. Even once a peace agreement had been reached, there would still be a need for UNOB to undertake additional responsibilities in the post-conflict peacebuilding phase to help in the consolidation of peace and security. That would entail assisting in the implementation of the peace agreement and the establishment of new institutions, as well as providing support for the various reforms envisaged in the agreement. The Secretary-General therefore expressed his intention to extend the United Nations political presence in Burundi until the end of December 2000. By a letter dated 5 November 1999,151 the President of the Security Council informed the Secretary-General that the members of the Council had taken note of the intention of the Secretary-General.

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147 S/1999/425. 148 Ibid. 149 S/1999/426. 150 S/1999/1136. 151 S/1999/1137.

6. The United Nations Angola Verification Mission established pursuant to resolution 976 (1995)

During the period under review, the United Nations Angola Verification Mission established pursuant to resolution 976 (1995) (UNAVEM III) continued to assist the Government of Angola and the União Nacional para a Independência Total de Angola (UNITA) in restoring peace and achieving national reconciliation on the basis of the Peace Accords for Angola, the Lusaka Protocol and relevant Security Council resolutions.

Mandate implementation

During the period under consideration, the mandate of UNAVEM III was initially extended on two occasions for periods of three and two months respectively, until 11 July 1996.152 Subsequently, on the basis of the recommendations of the Secretary-General,153 the mandate was continuously extended on six occasions for periods of various lengths, the last of which ended on 30 June 1997.154

Termination of mandate/transition to a new mission

By resolution 1106 (1997) of 16 April 1997, which extended the mandate of UNAVEM III for a final time, the Security Council requested the Secretary-General to complete the withdrawal of UNAVEM III military units, and expressed its intension to consider the establishment of a follow-on United Nations presence which would succeed UNAVEM III, as recommended by the Secretary-General.155 On 30 June 1997, the mandate of UNAVEM III was terminated.

7. The United Nations Observer Mission in Angola established pursuant to resolution 1118 (1997)

Establishment, mandate and composition

Following the termination of UNAVEM III, the Secretary-General submitted a report recommending __________________

152 Resolutions 1045 (1996) and 1055 (1996). 153 S/1996/503, S/1996/827, S/1996/1000, S/1997/115,

S/1997/248 and S/1997/304. 154 Resolutions 1064 (1996), 1075 (1996), 1087 (1996),

1098 (1997), 1102 (1997) and 1106 (1997). 155 Resolution 1106 (1997), paras. 4 and 5. For the report of

the Secretary-General, see S/1997/438.

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the establishment of a new integrated operation to be known as the United Nations Observer Mission in Angola (MONUA) for a period of seven months.156 By resolution 1118 (1997) of 30 June 1997, the Security Council established MONUA for an initial period of four months and expected a full completion of the Mission by February 1998.157 The Security Council also decided that MONUA had to assume responsibility for all components and assets of UNAVEM III remaining in Angola, including formed military units, to deploy as appropriate until they were withdrawn.158

The mandate of MONUA was defined by the Secretary-General in section VII of his report of 5 June 1997.159 The overall mandate was to assist the Angolan parties in consolidating peace and national reconciliation, enhancing confidence-building and creating an environment conductive to long term stability, democratic development and rehabilitation of the country.

The Observer Mission was composed of political, civilian police, military, human rights and humanitarian elements. In terms of the political aspects, the Mission was mandated, inter alia, to monitor the normalization of State administration throughout the country, provide good offices and mediation at the provincial and local levels and participate in the official organs established for that purpose. It was also given the tasks of monitoring and verifying the integration of UNITA elements into State structures, and assisting in the resolution and management of conflicts which might arise. In terms of police matters, the civilian police component was mandated to continue to verify the neutrality of the Angolan National Police, the incorporation of UNITA personnel into the national police, the quartering and occasional deployment of the rapid reaction police, and the free circulation of people and goods. The Civilian Police Unit was also given the tasks of continuing to monitor and verify the collection of weapons recovered from the civilian population, supervising proper storage or destruction of weapons and overseeing security arrangements for UNITA leaders. In terms of human rights issues, the activities were aimed at developing the capacity of national institutions and __________________

156 S/1997/438. 157 Resolution 1118 (1997), paras. 2 and 3. 158 Ibid., para. 4. 159 S/1997/438, paras. 32-41.

other non-governmental organizations in the field of human rights to investigate violations and to initiate appropriate action, including through mechanisms already established for that purpose. In terms of military aspects, a reduced number of military observers was deemed necessary to verify compliance with various aspects of the ceasefire regime. The Humanitarian Assistance Coordination Unit was mandated to continue to support the demobilization of UNITA ex-combatants and, at the same time, to focus on the original coordination mandate from UNAVEM III, including monitoring the emergency situation and maintaining a capacity to respond to humanitarian needs as they emerged.160

Mandate implementation

During the period under review, based on the recommendations of the Secretary-General,161 the mandate of MONUA was continuously extended on eight occasions for periods of varying lengths, the last of which was until 26 February 1999.162

Based on the recommendations of the Secretary-General,163 by resolution 1135 (1997) of 29 October 1997, the Council postponed the withdrawal of United Nations military formed units until the end of November 1997.164

Pursuant to resolution 1157 (1998) of 20 March 1998, the Security Council endorsed the recommendation of the Secretary-General in his report dated 13 March 1998,165 to resume the gradual downsizing of the military component of MONUA before 30 April 1998, with the understanding that the withdrawal of almost all formed military units would be completed as soon as conditions on the ground permitted, but no later than 1 July 1998.166 The Council also decided to gradually increase the number of civilian police observers by up to 83.167

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160 Ibid. 161 S/1997/807, S/1998/17, S/1998/333, S/1998/524,

S/1998/723, S/1998/838, S/1998/931 and S/1998/1110. 162 Resolutions 1135 (1997), 1149 (1998), 1164 (1998),

1180 (1998), 1190 (1998), 1195 (1998), 1202 (1998) and 1213 (1998).

163 S/1997/807. 164 Resolution 1135 (1997), para. 2. 165 S/1998/236. 166 Resolution 1157 (1998), para. 6. 167 Ibid., para. 7.

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Following the attacks by members of UNITA on the personnel of MONUA and Angolan national authorities, the Security Council, by resolution 1164 (1998) of 29 April 1998, urged MONUA to investigate promptly the recent attack in N’gove.168 The Council also took note of the recommendation made by the Secretary-General in his report dated 16 April 1998,169 regarding the beginning of the drawdown of the military observers and civilian personnel of MONUA, and expressed its intention to take a final decision by 30 June 1998 on the mandate, size and organizational structure of MONUA.170

Taking note of the statement of 2 June 1998 issued by MONUA regarding the continued existence of non-demobilized UNITA forces in the country,171 the Security Council, by resolution 1173 (1998) of 12 June 1998, requested the Secretary-General to redeploy MONUA personnel immediately to support and facilitate the extension of State administration throughout the national territory, including in particular in Andulo, Bailundo, Mungo and Nharea.172

Termination of mandate

In his report of 26 February 1999, the Secretary-General informed the Security Council that the Government of Angola had informed his Special Representative that a continued multidisciplinary presence of the United Nations in Angola was not necessary and that conditions for maintaining a MONUA presence had ceased to exist.173 By resolution 1229 (1999) of 26 February 1999, the Council took note that the mandate of MONUA would expire on 26 February 1999, and endorsed the recommendations contained in the report of the Secretary-General dated 24 February 1999174 regarding the technical liquidation of MONUA.175 The Council also affirmed that, notwithstanding the expiration of the mandate of MONUA, the status-of-forces agreement applicable to MONUA remained in force until the departure of the

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168 Resolution 1164 (1998), para. 4. 169 S/1998/333, section IX. 170 Ibid., para. 11. 171 S/1998/503, annex. 172 Resolution 1173 (1998), para. 10. 173 S/1999/202. 174 Ibid., paras. 32 and 33. 175 Resolution 1229 (1999), para. 2.

final elements of MONUA from Angola.176 Finally, the Security Council decided that the human rights component of MONUA would continue its current activities during the liquidation period.177

8. United Nations Office in Angola established pursuant to resolution 1268 (1999)

Establishment, mandate and composition

In a statement by the President dated 21 January 1999,178 Council members underlined the great importance they attached to a continued multidisciplinary presence of the United Nations in Angola, and welcomed the intention of the Secretary-General to consult urgently with the Government of Angola on such a United Nations presence. By a letter dated 11 August 1999 addressed to the President of the Security Council,179 the Secretary-General indicated that, following consultations with the Government of Angola, he intended to proceed with the establishment of a new multidisciplinary United Nations Office in Angola, the mandate of which would be based on the relevant Security Council decisions on Angola. By resolution 1268 (1999) of 15 October 1999, the Security Council authorized the establishment of the United Nations Office in Angola (UNOA) for an initial period of six months, until 15 April 2000.180

The mandate of UNOA was to liaise with the political, military, police and other civilian authorities, with a view to exploring effective measures for restoring peace, assisting the Angolan people in the area of capacity-building, humanitarian assistance and the promotion of human rights, and coordinating other activities.181

The Council decided that UNOA would consist of up to 30 substantive professional staff, as well as the necessary administrative and other support personnel.182

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176 Ibid., para. 3. 177 Ibid., para. 4. 178 S/PRST/1999/3. 179 S/1999/871. 180 Resolution 1268 (1999), para. 1. 181 Ibid. 182 Ibid., para. 2. See also S/1999/1099.

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9. The United Nations Political Office for Somalia

Establishment, mandate and composition

By its resolution 954 (1994) of 4 November 1994, which extended the mandate of the United Nations Operation in Somalia (UNOSOM II) for a final period, the Security Council requested the Secretary-General to continue to monitor the situation in Somalia and to submit a report including suggestions concerning the role that the United Nations could play in Somalia after the end of UNOSOM II.183 The Secretary-General submitted a report on 28 March 1995 in which he indicated his intention to maintain a small political office in Mogadishu consisting of a representative with a small support staff.184 The Council members welcomed the intention of the Secretary-General in a statement by the President dated 6 April 1995.185 As conditions did not permit the establishment of the Office in Mogadishu, the United Nations Political Office for Somalia (UNPOS) started operations in Nairobi on 14 April 1995.

The Office was established in response to the Council’s request to the Secretary-General, contained in resolution 954 (1994), as follows: (a) to help the Somali parties to achieve peace and national reconciliation and monitor the situation in the country; and (b) to keep the Council informed in particular about developments affecting the humanitarian situation, the security situation for humanitarian personnel in Somalia, repatriation of refugees and impacts on neighbouring countries.

The Office consisted of a Director, one professional staff member and one secretary.

Mandate implementation

By his report of 16 September 1997,186 the Secretary-General indicated that he had reviewed the role of UNPOS and had concluded that its continuation and strengthening were essential in order to extend assistance to those engaged in peacemaking efforts for Somalia. He also indicated that the personnel of UNPOS should undertake more visits to Somalia on a regular basis, security conditions permitting. Another

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183 Resolution 954 (1994), para. 13. 184 S/1995/231. 185 S/PRST/1995/15. 186 S/1997/715, para. 36 (b).

professional staff member was therefore added to the Office. By a letter dated 30 September 1997, the President of the Security Council indicated the Council’s support for a more active role of the United Nations in coordinating international mediation efforts in Somalia and for a strengthened presence of UNPOS staff in line with the recommendations of the Secretary-General.187

Through an exchange of letters between the Secretary-General and the President of the Security Council, it was decided to continue the activities of the Office for the biennium 2000-2001.188

10. United Nations Mission in the Central African Republic

Establishment, mandate and composition

Following the recommendations of the Secretary-General in his report dated 23 February 1998,189 the Security Council established, by resolution 1159 (1998) of 27 March 1998, the United Nations Mission in the Central African Republic (MINURCA) for an initial period of three months with effect from 15 April 1998.190

The mandate of MINURCA, as set out in resolution 1159 (1998), was as follows: (a) to assist in maintaining and enhancing security and stability, including freedom of movement, in Bangui and the immediate vicinity of the city; (b) to assist the national security forces in maintaining law and order and in protecting key installations in Bangui; (c) to supervise, control storage, and monitor the final disposition of all weapons retrieved in the course of the disarmament exercise; (d) to ensure security and freedom of movement of United Nations personnel and the safety and security of United Nations property; (e) to assist in coordination with other international efforts in a short- term, police trainer programme and in other capacity-building efforts of the national police, and to provide advice on the restructuring of the national police and special police forces; and (f) to provide advice and technical support to the national electoral bodies regarding the electoral code and plans for the conduct

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187 S/1997/756. 188 S/1999/1134 and S/1999/1135. 189 S/1998/61. 190 Resolution 1159 (1998), para. 9.

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of the legislative elections scheduled for August/September 1998.191

MINURCA was authorized with a maximum military strength of 1,350 personnel.192 In paragraph 14 of resolution 1159 (1998), the Security Council welcomed the appointment of a Special Representative of the Secretary-General in the Central African Republic as the head of MINURCA. Through exchanges of letters between the Secretary-General and the President of the Security Council, the Special Representative and the Force Commander of MINURCA were appointed.193

Mandate implementation

By its resolution 1182 (1998) of 14 July 1998, the Security Council decided to extend the mandate of MINURCA until 25 October 1998.194 It also recognized the role of the Mission in providing advice and technical assistance for the initial steps in restructuring security forces and in coordinating and channelling international support to that end.195 It further required that the Mission, in implementing its mandate, conduct reconnaissance missions of limited duration outside Bangui, and other tasks involving the security of United Nations personnel in accordance with paragraph 10 of resolution 1159 (1998).196

By its resolution 1201 (1998) of 15 October 1998, the Security Council decided, inter alia, that the mandate of MINURCA should include support for the conduct of legislative elections as described in the report of the Secretary-General dated 21 August 1998,197 and in particular: (a) the transport of electoral materials and equipment to selected sites and to the sous-préfectures, as well as the transport of United Nations electoral observers to and from electoral sites; (b) the conduct of a limited but reliable international observation of the first and second rounds of the legislative elections; and (c) ensuring the security of electoral materials and equipment during their

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191 Ibid., para. 10. 192 Ibid., para. 9. 193 S/1998/297, S/1998/298, S/1998/320 and S/1998/321. 194 Resolution 1182 (1998), para. 1. 195 Ibid., para. 3. 196 Ibid., para. 4. 197 S/1998/783, section III.

transport to and at the selected sites, as well as the security of the international electoral observers.198

Following the recommendations made by the Secretary-General in his report dated 18 December 1998,199 the Security Council decided, by resolution 1230 (1999) of 26 February 1999, to extend the mandate of MINURCA until 15 November 1999.200 The Security Council also expressed its intention to commence the reduction of MINURCA personnel 15 days after the conclusion of the presidential elections in the Central African Republic.201 The Council authorized the Mission to play a supportive role in the conduct of the presidential elections, in conformity with the tasks previously performed during the legislative elections of November/December 1998. It also authorized MINURCA to supervise the destruction of confiscated weapons and ammunition under the Mission’s control.202

Termination of mandate

By resolution 1271 (1999) of 22 October 1999, the Security Council decided to extend the mandate of MINURCA until 15 February 2000, with a view to ensuring a short and gradual transition from United Nations peacekeeping to a post-conflict peacebuilding presence.203 Furthermore, the Council approved the proposal made by the Secretary-General in his report dated 7 October 1999204 that the reduction of the military and civilian strength of MINURCA should happen in three stages.205

The United Nations Peacebuilding Office in the Central African Republic (BONUCA) was subsequently established to take over from MINURCA in providing assistance in the peacebuilding effort.206

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198 Resolution 1201 (1998), para. 2. 199 S/1998/1203. 200 Resolution 1230 (1999), para. 1. 201 Ibid., para. 2. 202 Ibid., paras. 9 and 10. 203 Resolution 1271 (1999), para. 1. 204 S/1999/1038, para. 58. 205 Resolution 1271 (1999), para. 2. 206 S/2000/24, para. 35.

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11. The United Nations Observer Mission in Sierra Leone

Establishment, mandate and composition

Following the recommendations of the Secretary-General in his report dated 9 June 1998,207 by resolution 1181 (1998) of 13 July 1998, the Security Council established the United Nations Observer Mission in Sierra Leone (UNOMSIL) for an initial period of six months until 13 January 1999, to monitor and advise efforts to disarm combatants and restructure the country’s security forces.208

The mandate of UNOMSIL, as set out in resolution 1181 (1998), was as follows: (a) to monitor the military and security situation in the country as a whole, as security conditions permitted, and to provide the Special Representative of the Secretary-General with regular information thereon, in particular with a view to determining when conditions were sufficiently secure to allow subsequent deployments of military observers; (b) to monitor the disarmament and demobilization of former combatants concentrated in secure areas of the country, including monitoring of the role of the Economic Community of West African States Monitoring Group in the provision of security and in the collection and destruction of arms in those secure areas; (c) to assist in monitoring respect for international humanitarian law, including at disarmament and demobilization sites, where security conditions permitted; and (d) to monitor the voluntary disarmament and demobilization of members of the Civil Defence Forces, as security conditions permitted.209

By the same resolution, the Council also stressed the need for full cooperation and close coordination between UNOMSIL and ECOMOG in their respective operational activities.210

By resolution 1181 (1998), the Security Council decided that UNOMSIL should include up to 70 military observers as well as a medical support unit, with the necessary equipment and civilian support staff.211 It also decided that the elements of UNOMSIL

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207 S/1998/486, para. 85. 208 Resolution 1181 (1998), para. 6. 209 Ibid. 210 Ibid., para. 11. 211 Ibid., para. 6.

should be deployed as outlined in the Secretary-General’s report. The Security Council also appointed the Special Representative of the Secretary-General in Sierra Leone to lead UNOMSIL.212 The countries contributing military personnel to the Mission and the appointment of the Chief Military Observer were confirmed through an exchange of letters between the Secretary-General and the President of the Security Council.213

Mandate implementation

On the basis of the reports submitted by the Secretary-General,214 the mandate of UNOMSIL was extended on three occasions for various periods of up to six months, the last of which ended on 13 December 1999.215

On the basis of the Secretary-General’s recommendations contained in his report dated 30 July 1999,216 the Security Council authorized, by resolution 1260 (1999) of 20 August 1999, the following tasks for the provisional UNOMSIL military observer component: (a) to strengthen and expand the contacts already established by UNOMSIL with the Revolutionary United Front (RUF) troops in the countryside since the ceasefire agreement came into effect; (b) to extend ceasefire monitoring activities to a wider geographical area; (c) to strengthen and assist the Ceasefire Monitoring Committee and the Central Joint Monitoring Committee established pursuant to the peace agreement to help maintain the ceasefire; (d) to monitor the military and security situation in the country and report thereon to the Special Representative of the Secretary-General; (e) to assist and monitor the disarmament and demobilization of combatants in areas where adequate security was provided; (f) to work closely with humanitarian organizations to exchange information on security conditions with a view to ensuring the widest possible access for humanitarian assistance to populations in need; (g) to work closely with human rights officers in their visits throughout the country; (h) to maintain liaison and coordinate closely with ECOMOG; (i) to assist in the preparation of plans for the deployment of

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212 Ibid., para. 7. 213 S/1998/673 and S/1998/674. 214 S/1998/1176, S/1999/20, S/1999/237 and S/1999/645. 215 Resolutions 1220 (1999), 1231 (1999) and 1245 (1999). 216 S/1999/836.

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neutral peacekeeping troops, as envisaged in the agreement.217 The Security Council also authorized the provisional expansion of UNOMSIL to up to 210 military observers along with the necessary equipment, administrative and medical support.218

Termination/Transition to a new mission

Pursuant to resolution 1245 (1999) of 11 June 1999, the mandate of UNOMSIL officially came to an end on 13 December 1999.219

By resolution 1270 (1999) of 22 October 1999, the Security Council decided to establish the United Nations Mission in Sierra Leone (UNAMSIL). In this connection, it also decided that UNAMSIL should take over the substantive civilian and military components and functions of UNOMSIL as well as its assets, and to that end decided that the mandate of UNOMSIL should terminate immediately upon the establishment of UNAMSIL.220

12. United Nations Mission in Sierra Leone established pursuant to resolution 1270 (1999)

Establishment, mandate and composition

By resolution 1260 (1999) of 20 August 1999, the Council requested the Secretary-General to submit a report with recommendations for the mandate and structure of the enhanced United Nations peacekeeping presence that might be required in Sierra Leone.221 In his report dated 28 September 1999,222 the Secretary-General informed the Council that the Lomé Peace Agreement223 provided for the creation of a neutral peacekeeping force. The Secretary-General therefore recommended the creation of a robust United Nations force, which would work in close cooperation with ECOMOG.224 On the basis of the recommendations of the Secretary-General, the Security Council decided, by resolution 1270 (1999) of 22 October 1999, to __________________

217 Ibid., para. 38. 218 Resolution 1260 (1999), para. 4. 219 Resolution 1245 (1999), para. 1. 220 Resolution 1270 (1999), paras. 8 and 10. 221 Resolution 1260 (1999), para. 18. 222 S/1999/1003, paras. 35 and 36. 223 S/1999/777, annex, articles XIII-XX. The Lomé

Agreement was signed on 7 July 1999, between the Government of Sierra Leone and RUF.

224 For more information on the relationship between ECOMOG and UNAMSIL see chapter XII, part III.

establish the United Nations Mission in Sierra Leone (UNAMSIL) for an initial period of six months.225

The mandate of UNAMSIL, as set out in resolution 1270 (1999), was as follows: (a) to cooperate with the Government of Sierra Leone and the other parties to the Peace Agreement in the implementation of the Agreement; (b) to assist the Government of Sierra Leone in the implementation of the disarmament, demobilization and reintegration plan; (c) to that end, to establish a presence at key locations throughout the territory of Sierra Leone, including at disarmament/reception centres and demobilization centres; (d) to ensure the security and freedom of movement of United Nations personnel; (e) to monitor adherence to the ceasefire in accordance with the ceasefire agreement of 18 May 1999 through the structures provided for therein;226 (f) to encourage the parties to create confidence-building mechanisms and support their functioning; (g) to facilitate the delivery of humanitarian assistance; (h) to support the operations of United Nations civilian officials, including the Special Representative of the Secretary-General and his staff, human rights officers and civil affairs officers; and (i) to provide support to the elections, which were to be held in accordance with the constitution of Sierra Leone. The Security Council also stressed the need for close cooperation and coordination between ECOMOG and UNAMSIL in carrying out their respective tasks.227

Furthermore, acting under Chapter VII of the Charter, the Council decided that, in the discharge of its mandate, UNAMSIL might take “the necessary action” to ensure the security and freedom of movement of its personnel and, within its capabilities and areas of deployment, to afford protection to civilians under imminent threat of physical violence, taking into account the responsibilities of the Government of Sierra Leone and the Monitoring Group.228

UNAMSIL was initially authorized to comprise a maximum of 6,000 military personnel, including 260 military observers, subject to periodic review in the light of conditions on the ground and the progress

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225 Resolution 1270 (1999), para. 8. 226 S/1999/585, annex. 227 Resolution 1270 (1999), para. 8. 228 Ibid., para. 14.

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made in the peace process.229 The Force Commander of UNAMSIL was appointed through an exchange of letters between the Secretary-General and the President of the Security Council.230

13. United Nations Peacebuilding Support Office in Guinea-Bissau established pursuant to resolution 1233 (1999)

Establishment, mandate and composition

Following the formation of the Government of National Unity in Guinea-Bissau, the Council adopted resolution 1216 (1998) of 21 December 1998, by which it requested the Secretary-General to make recommendations to the Council on a possible role of the United Nations in the process of peace and reconciliation in Guinea-Bissau, including the early establishment of arrangements for liaison between the United Nations and the Monitoring Group.231 In a letter dated 26 February 1999 addressed to the President of the Security Council,232 the Secretary-General, on the basis of the recommendations of a United Nations multidisciplinary mission dispatched in early December to Guinea-Bissau, proposed that a United Nations Peacebuilding Support Office be established in Guinea-Bissau. The establishment of the Peacebuilding Support Office was welcomed by members of the Council in a letter dated 3 March 1999 addressed to the Secretary-General.233 Subsequently, by its resolution 1233 (1999) of 6 April 1999, the Council supported the decision of the Secretary-General to establish the post-conflict United Nations Peacebuilding Support Office in Guinea-Bissau (UNOGBIS) under the leadership of a Representative of the Secretary-General.234 UNOGBIS became operational on 25 June 1999.235

The mandate of UNOGBIS, as initially proposed, was the following: (a) to help to create an enabling environment for restoring and consolidating peace, democracy and the rule of law and for the organization of free and transparent elections; (b) to work with the Government of National Unity, ECOWAS and __________________

229 Ibid., para. 9. 230 S/1999/1199 and S/1999/1200. 231 Resolution 1216 (1998), para. 8. 232 S/1999/232. 233 S/1999/233. 234 Resolution 1233 (1999), para. 7. 235 S/1999/1015, para. 4.

ECOMOG, as well as with other national and international partners, to facilitate the implementation of the Abuja Agreement; (c) to seek the commitment of the Government and other parties to adopt a programme of voluntary arms collection, disposal and destruction; and (d) to provide the political framework and leadership for harmonizing and integrating the activities of the United Nations system in the country, particularly during the transitional period leading up to general and presidential elections.236

Following the ouster of the President of Guinea-Bissau on 7 May 1999 and the report of the assessment mission dispatched to Guinea-Bissau from 10 to 12 June 1999, the mandate of UNOGBIS was adjusted to accommodate changed circumstances on the ground through an exchange of letters between the Secretary-General and the President of the Security Council.237 The revised mandate of UNOGBIS was as follows: (a) to help to create an enabling environment for restoring, maintaining and consolidating peace, democracy and the rule of law and for the organization of free and transparent elections; (b) to actively support national efforts, including those of civil society, towards national reconciliation, tolerance and peaceful management of differences, particularly during the transitional period; (c) to encourage initiatives aimed at building confidence and maintaining friendly relations between Guinea-Bissau, its neighbours and its international partners; (d) to seek the commitment of the Government and other parties to adopt a programme of voluntary arms collection, disposal, and destruction; and (e) to provide the political framework and leadership for harmonizing and integrating the activities of the United Nations system in the country, particularly during the transitional period leading up to general and presidential elections.238

The Office was headed by a Representative of the Secretary-General assisted by several political affairs and human rights officers, an electoral officer, a military adviser and support staff.239

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236 S/1999/232. 237 S/1999/737 and S/1999/738. 238 S/1999/741, para. 21. 239 Ibid.

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Mandate implementation

In his report of 29 September 1999,240 the Secretary-General noted that the transitional Government had requested that the mandate of UNOGBIS be extended for one year after its expiry on 31 December 1999, and stated that he would revert to the Council on that issue after consultations with the new Government that would emerge from the elections of 28 November 1999. By a subsequent letter dated 15 December 1999,241 the Secretary-General informed the President of the Security Council that, as none of the contending presidential candidates had received the required majority of the vote, a second round was expected to be held in the second half of January 2000. The mandate of UNOGBIS was therefore extended for three months until 31 March 2000 by an exchange of letters between the Secretary-General and the President of the Security Council.242 The Secretary-General stated that he would again revert to the Security Council after the second round of voting.

14. United Nations Observer Mission in the Democratic Republic of the Congo established pursuant to resolution 1279 (1999)

Establishment, mandate and composition

In his reports dated 15 July 1999 and 1 November 1999 respectively,243 the Secretary-General recommended the establishment of a United Nations Observer Mission in the Democratic Republic of the Congo (MONUC) and informed the Council of his decision to appoint in due course a Special Representative, assisted by an appropriate staff, including a Chief Military Observer, to lead the observer mission.244 By resolution 1279 (1999) of 30 November 1999, the Council welcomed the Secretary-General’s recommendations and authorized the establishment of MONUC, for an initial period of

__________________

240 S/1999/1015. 241 S/1999/1252. 242 S/1999/1252 and S/1999/1253. 243 S/1999/116 and S/1999/790. 244 The Secretary-General also informed the Council that he

had dispatched a small technical survey team to the region to clarify the role to be played by the United Nations in the implementation of the ceasefire agreement signed on 10 July 1999 and to establish contacts and liaison with the authorities in Lusaka.

three months.245 By the same resolution, the Council also requested the Secretary-General to accelerate the development of a concept of operations based on assessed conditions of security, access to freedom of movement and cooperation on the part of the signatories to the ceasefire agreement, as well as to keep it regularly informed on the situation in the Democratic Republic of the Congo (DRC).246

By resolution 1279 (1999), the Council decided that MONUC, led by the Special Representative of the Secretary-General, should carry out the following tasks: (a) to establish contacts with the signatories of the Ceasefire Agreement at their headquarters levels, as well as in the capitals of the signatory States; (b) to liaise with the Joint Military Commission and provide technical assistance in the implementation of its functions under the ceasefire agreement; (c) to provide information on security conditions in all areas of its operation; (d) to plan for the observation of the ceasefire and disengagement of forces; and (e) to maintain liaison with all parties to the ceasefire agreement to facilitate the delivery of humanitarian assistance to displaced persons, refugees, children and other affected persons, as well as assist in the protection of human rights, including the rights of children.247

By resolution 1279 (1999), the Council decided that the Special Representative of the Secretary-General would serve as the head of the United Nations presence in the subregion relating to the peace process in the Democratic Republic of the Congo and to provide assistance in the implementation of the ceasefire agreement. It further decided that the personnel authorized under its resolutions 1258 (1999) and 1273 (1999), including a multidisciplinary staff of personnel in the fields of human rights, humanitarian affairs, public information, medical support, child protection, political affairs and administrative support, would assist the Special Representative and constitute MONUC until 1 March 2000.248 The Council further requested the Secretary-General to submit recommendations on further deployment of United Nations personnel in the country and on their protection, as well as to take administrative steps __________________

245 Resolution 1279 (1999), para. 4. 246 Ibid., paras. 7 and 8. 247 Ibid., para. 5. 248 Ibid., paras. 3 and 4.

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necessary for the equipping of up to 500 military observers to facilitate future rapid United Nations deployments as authorized by the Council.249

Americas

15. United Nations Mission in Haiti established pursuant to resolution 867 (1993)

During the period under review, the United Nations Mission in Haiti continued to help implement provisions of the Governor’s Island Agreement of 3 July 1993, and to assist the democratic Government to sustain a stable environment, professionalize the armed forces and create a separate police force.250

Mandate implementation: termination/ transition to a new mission

Based on the request of the President of Haiti and the recommendations of the Secretary-General,251 the Security Council adopted resolution 1048 (1996) of 29 February 1996, which extended the mandate of the United Nations Mission in Haiti (UNMIH) for a final period of four months.252 By the same resolution, the Council decided to decrease the level of the military component to no more than 1200 and the civilian police component to 300 personnel, in the light of the gradual transfer of some of the earlier functions of UNMIH to the Haitian authority.253 The Council requested the Secretary-General to consider steps for further reduction of the strength of UNMIH consistent with the implementation of its current mandate and to initiate planning for the complete withdrawal of UNMIH no later than 1 June 1996.254 In his report dated 5 June 1996,255 the Secretary-General expressed the view that complete withdrawal of the United Nations military and police presence could jeopardize the success achieved so far by the Haitian people with the support of the international community. He therefore recommended the establishment, for a period of six months, of a new mission to be known as the

__________________

249 Ibid., paras. 4, 7, 8 and 9. 250 S/26063. 251 S/1996/99, annex, and S/1996/112. 252 Resolution 1048 (1996), para. 5. 253 Ibid., paras. 6 and 7. 254 Ibid., paras. 8 and 9. 255 S/1996/416, paras. 33 and 34.

United Nations Support Mission in Haiti (UNSMIH). In accordance with resolution 1048 (1996), the mandate of UNMIH was terminated on 30 June 1996.

16. United Nations Support Mission in Haiti established pursuant to resolution 1063 (1996)

Establishment, mandate and composition

Following the termination of UNMIH, the Security Council decided, by resolution 1063 (1996) of 28 June 1996, to establish the United Nations Support Mission in Haiti (UNSMIH) until 30 November 1996,256 based on the recommendations of the Secretary-General,257 and a request from the Government of Haiti.258

The mandate of UNSMIH, pursuant to resolution 1063 (1996), was to assist the Government of Haiti in the professionalization of the police and in the maintenance of a secure and stable environment conducive to the success of current efforts to establish and train an effective national police force.259

The initial composition of UNSMIH, as authorized by the Council, was 600 military and 300 civilian police, supported by international and local civilian staff.260 In addition, approximately 800 voluntarily funded military personnel were provided by Member States to serve with UNSMIH. The Force Commander of the Mission was appointed by an exchange of letters between the Secretary-General and the President of the Security Council.261 By a letter dated 2 August 1996,262 the Council concurred with the Secretary-General’s proposal for the composition of Member States constituting the military and civilian components of UNSMIH.263

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256 Resolution 1063 (1996), para. 2. 257 S/1996/416, para. 4. 258 By a letter dated 10 June 1996, the Secretary-General

informed Council members that the Government of Haiti had requested the Council to authorize the presence of a multinational force for a further six-month period. See S/1996/431, annex.

259 Resolution 1063 (1996), para. 2. 260 Ibid., para. 3. 261 S/1996/521 and S/1996/522. 262 S/1996/619. 263 S/1996/618.

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Mandate implementation

Prior to its termination on 31 July 1997, the Council extended the mandate of UNSMIH two times,264 in accordance with the recommendations of the Secretary-General,265 and a request from the President of the Republic of Haiti.266

Termination/transition to a new mission

Reporting to the Council on 19 July 1997,267 the Secretary-General stated that he was preparing to withdraw UNSMIH by the end of July and recommended the establishment of a new mission to be known as the United Nations Transition Mission in Haiti (UNTMIH). By resolution 1123 (1997) of 30 July 1997, the Council noted the termination of the mandate of UNSMIH as of 31 July 1997, concurred with the Secretary-General’s recommendations and decided to establish UNTMIH.268

17. United Nations Transition Mission in Haiti established pursuant to resolution 1123 (1997)

Establishment, mandate and composition

Following the withdrawal of UNSMIH, the United Nations Transition Mission in Haiti (UNTMIH) was established by the Security Council pursuant to resolution 1123 (1997) of 30 July 1997 for a period of four months,269 based on the recommendations of the Secretary-General,270 and communications received from the Government of Haiti.271

Pursuant to resolution 1123 (1997), the mandate of UNTMIH was to assist the Government of Haiti by supporting and contributing to the professionalization

__________________

264 Resolutions 1085 (1996) and 1086 (1996). 265 S/1996/813/Add.1 and S/1997/244. 266 S/1996/956, annex. 267 S/1997/564, para. 34. The Secretary-General noted that

ending the United Nations presence at that time would jeopardize the significant progress achieved by Haiti with the assistance of the international community and made his recommendations in accordance with the request of the Government of Haiti.

268 Resolution 1123 (1997), preamble, and para. 2. 269 Ibid., para. 2. 270 S/1997/564, para. 34. 271 S/1996/956, annex, and S/1997/568.

of the Haitian national police, as set out in the Secretary-General’s report of 19 July 1997.272

Pursuant to resolution 1123 (1997), the Council decided that UNTMIH would be composed of up to 250 civilian police and 50 military personnel to form the headquarters of a security element.273 UNTMIH also assumed responsibility for all elements and assets of UNSMIH remaining in Haiti, as appropriate, until they were withdrawn.274 By a letter dated 6 August 1997,275 the Council concurred with the Secretary-General’s proposal for the composition of Member States constituting the military and civilian components of UNTMIH.276 The appointment of the Force Commander and countries contributing troops and police were confirmed through exchanges of letters between the Secretary-General and the President of the Security Council.277

Mandate implementation: termination/ transition to a new mission

In his report dated 31 October 1997,278 the Secretary-General informed the Council that, in view of the request from the Government of Haiti for continued United Nations assistance to the Haitian national police,279 he had approached Governments of several Member States to establish whether they might be willing to place the necessary personnel at the disposal of the United Nations, should the Council decide to establish a follow-on mission in Haiti. By resolution 1141 (1997) of 28 November 1997, the Council commended the role of UNTMIH in assisting the Government of Haiti, noted the termination of its mandate as of 30 November 1997 and decided to

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272 S/1997/564, para. 34. 273 Resolution 1123 (1997), para. 3. 274 Ibid., para. 5. 275 S/1997/622. 276 S/1997/621. 277 S/1997/619, S/1997/620, S/1997/621, S/1997/622,

S/1997/735 and S/1997/736. 278 S/1997/832. The Secretary-General also reaffirmed the

need for continuous international assistance to the Haitian National Police to enable it to pursue its own institutional development while meeting the country’s increasing security needs.

279 S/1997/832, annex II.

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establish the United Nations Civilian Police Mission in Haiti (MIPONUH).280

18. United Nations Civilian Police Mission in Haiti established pursuant to resolution 1141 (1997)

Establishment, mandate and composition

By resolution 1141 (1997) of 28 November 1997, the Council established the United Nations Civilian Police Mission in Haiti (MIPONUH) for a period of one year,281 based on the request of the Government of Haiti282 and the recommendations of the Secretary-General.283 MIPONUH succeeded UNTMIH and was the fourth United Nations mission in Haiti during the period under review.

By resolution 1141 (1997), the Council decided that MIPONUH would continue to assist the Government of Haiti by supporting and contributing to the professionalization of the Haitian national police, including mentoring Haitian national police field performance as set out in the report of the Secretary-General.284

In an addendum to his report of 31 October 1997,285 the Secretary-General proposed an initial composition of up to 290 police officers, including a 90-strong special police unit, supported by a civilian establishment of some 72 international and 133 local personnel, as well as 17 United Nations Volunteers. The Council decided, pursuant to resolution 1141 (1997), that MIPONUH would be composed of up to 300 civilian police and would assume responsibility for those UNTMIH personnel and United Nations-owned assets required for its use in fulfilment of its mandate.286 By a letter dated 30 December 1997,287 the Council concurred with the Secretary-General’s proposed composition of Member States contributing police personnel to serve in MIPONUH.288 The appointment of the Special Representative of the Secretary-General as Head of MIPONUH was confirmed through an exchange of letters between the __________________

280 Resolution 1141 (1997), preamble, and para. 2. 281 Ibid., para. 2. 282 S/1997/832, annex II. 283 S/1997/832 and S/1997/832/Add.1. 284 Resolution 1141 (1997), para. 2. 285 S/1997/832/Add.1, para. 2. 286 Resolution 1141 (1997), paras. 2 and 5. 287 S/1997/1022. 288 S/1997/1021.

Secretary-General and the President of the Security Council.289

Mandate implementation

Based on the recommendations of the Secretary-General and a request from the Government of Haiti,290 the mandate of MIPONUH was extended by the Council, by resolution 1212 (1998), for a period of one year, until 30 November 1999.291

Transition to a new mission

In his report dated 18 November 1999,292 the Secretary-General stated that plans for a possible transition to other forms of international assistance to the Haitian national police had evolved further and informed the Council of the request from the Government of Haiti to establish a new mission upon completion of the mandate of MIPONUH. Pursuant to resolution 1212 (1998), the Secretary-General informed the Council of preparations to withdraw MIPONUH following the expiration of its mandate, and noted that it was critical that the transition between MIPONUH and the successor mission be as smooth and orderly as possible. He also noted that the termination of the mandate of MIPONUH would mark the end of United Nations peacekeeping in Haiti.

By resolution 1277 (1999) of 30 November 1999, the Council took note of the request of the Government of Haiti and the recommendations of the Secretary-General and decided to continue MIPONUH in order to ensure a phased transition to the International Civilian Support Mission in Haiti (MICAH) by 15 March 2000.293 The Council also requested the Secretary-General to coordinate and expedite the transition from MIPONUH to MICAH.294

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289 S/1997/1006 and S/1997/1007. 290 S/1998/1064, para. 32, and S/1998/1003. 291 Resolution 1212 (1998), para. 2. 292 S/1999/1184 and annex. 293 Resolution 1277 (1999), para. 1. 294 Ibid., para. 2.

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19. United Nations Verification Mission in Guatemala established pursuant to resolution 1094 (1997)

Establishment, mandate and composition

The United Nations Verification Mission in Guatemala (MINUGUA) was established by Security Council resolution 1094 (1997) of 20 January 1997 for a three-month period,295 based on the recommendations of the Secretary-General.296 The Mission was established as a military attachment to the existing civilian and humanitarian United Nations Mission for the Verification of Human Rights and of Compliance with the Commitments of the Comprehensive Agreement on Human Rights in Guatemala, mandated by the General Assembly (MINUGUA).297

The mandate of MINUGUA, as set out in resolution 1094 (1997), was to verify the agreement on the definitive ceasefire between the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG), signed in Oslo on 4 December 1996.298 The verification functions included observation of a formal cessation of hostilities, the separation of forces and the disarming and demobilization of URNG combatants.299

The Council authorized the attachment to MINUGUA a group of 155 military observers and requisite medical personnel.300 The appointment of the Special Representative of the Secretary-General and Head of MINUGUA was confirmed through an exchange of letters between the Secretary-General and the President of the Security Council.301

Mandate implementation: termination of mission

By a statement of the President dated 22 May 1997,302 the Council members welcomed the

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295 Resolution 1094 (1997), para. 1. 296 S/1996/998 and S/1996/1045. 297 At the request of the parties, the General Assembly, by

its resolution 48/267 of 19 September 1994, established MINUGUA.

298 S/1996/1045, annex. 299 Resolution 1094 (1997), paras. 1 and 2. 300 Ibid., para. 1. 301 S/1997/106 and S/1997/107. 302 S/PRST/1997/28.

successful conclusion of MINUGUA in accordance with resolution 1094 (1997). In his report dated 4 June 1997,303 the Secretary-General stated that the handover of weapons, munitions, explosives and equipment to the Ministry of the Interior of Guatemala signalled the completion of the mandate of the military observer group. The repatriation of the members of the United Nations military observer group began on 17 May 1997, and a rear party remained at headquarters in the capital until 27 May 1997, when the last group departed Guatemala.

Asia and the Pacific

20. United Nations Mission of Observers in Tajikistan established pursuant to resolution 968 (1994)

During the period under review, the United Nations Mission of Observers in Tajikistan (UNMOT) continued to monitor the ceasefire agreement between the Government of Tajikistan and the United Tajik Opposition.

Mandate implementation

By a series of resolutions,304 adopted on the basis of the Secretary-General’s reports,305 the Security Council successively extended the mandate of UNMOT for additional periods of two to six months, the last of which ended on 15 May 2000.

Based on the recommendations of the Secretary-General,306 by resolution 1138 (1997) of 14 November 1997, the Council authorized the Secretary-General to expand the size of UNMOT by 75 military observers supported by an additional civilian establishment of 48 international civilian staff and 87 locally recruited staff.307

The Council also decided that the expanded mandate of the Mission would be to use its best efforts __________________

303 S/1997/432, para. 29. 304 Resolutions 1061 (1996), 1089 (1996), 1099 (1997),

1113 (1997), 1128 (1997), 1138 (1997), 1167 (1998), 1206 (1998), 1240 (1999) and 1274 (1999).

305 S/1996/412, S/1996/1010, S/1997/198, S/1997/415, S/1997/686, S/1997/859, S/1998/374, S/1998/1029, S/1999/514 and S/1999/1127.

306 S/1997/686 and S/1997/859. 307 Resolution 1138 (1997), para. 4.

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to promote peace and national reconciliation and to assist in the implementation of the General Agreement and, to this end: (a) to provide good offices and expert advice as stipulated in the General Agreement; (b) to cooperate with the Commission on National Reconciliation and its subcommissions and with the Central Commission on Elections and the Holding of a Referendum; (c) to participate in the work of the Contact Group of guarantor States and organizations and to serve as its coordinator; (d) to investigate reports of ceasefire violations and report on them to the United Nations and the Commission on National Reconciliation; (e) to monitor the assembly of United Tajik Opposition fighters and their reintegration, disarmament and demobilization; (f) to assist in the reintegration into governmental power structures or demobilization of ex-combatants; (g) to coordinate United Nations assistance to Tajikistan during the transition period; and (h) to maintain close contacts with the parties, as well as cooperative liaison with the collective peacekeeping forces of the Commonwealth of Independent States, the Russian border forces and the Mission in Tajikistan of the Organization for Security and Cooperation in Europe.308

Termination of mandate

By resolution 1274 (1999), on the basis of the report of the Secretary-General,309 the mandate of UNMOT was extended for the final time until 15 May 2000.310 The Council also supported the intention of the Secretary-General to outline a future political role for the United Nations in assisting Tajikistan to continue on the path of peace and national reconciliation and contributing to the democratic development of Tajik society after the mandate of UNMOT was concluded.311

21. United Nations Military Observer Group in India and Pakistan established pursuant to resolution 47 (1949)

During the period under review, the United Nations Military Observer Group in India and Pakistan (UNMOGIP) continued to monitor the ceasefire between India and Pakistan in the State of Jammu and __________________

308 Ibid., para. 6. 309 S/1999/1127, para. 34. 310 Resolution 1274 (1999), para. 11. 311 Ibid., para. 12.

Kashmir on the basis of Security Council resolution 91 (1951).312

22. United Nations Political Office in Bougainville

Establishment, mandate and composition

Following the ceasefire and the signing of the Agreement on Peace, Security and Development on Bougainville, known as the “Lincoln Agreement”, the Government of Papua New Guinea and the other parties to the conflict requested the Secretary-General to deploy a United Nations observer mission to monitor the implementation of the Agreement.313 Subsequently, in a statement by the President dated 22 April 1998, the Council members noted that the Lincoln Agreement called for the United Nations to play a role in Bougainville, and requested the Secretary-General to consider the composition of such involvement by the United Nations.314 By an exchange of letters between the Secretary-General and the President of the Security Council on 15 June 1998,315 it was decided to establish the United Nations Political Office in Bougainville (UNPOB). The Office was established in Arawa, Bougainville, in August 1998.

The mandate of UNPOB was the following: (a) to work in conjunction with the Peace Monitoring Group, while maintaining the right to make its own observations; (b) to monitor and report on the implementation of the Lincoln and Arawa Agreements, including the activities of the Peace Monitoring Group, in relation to its mandate; (c) to chair the Peace Process Consultative Committee, which comprised representatives of the parties and to which the States contributing to the Peace Monitoring Group would be invited. The functions of the Peace Process Consultative Committee included consulting on all aspects of the ceasefire and on breaches thereof, developing plans for the phased withdrawal of the Papua New Guinea Defence Force (PNGDF) and of the Mobile Riot Squad of the Royal Papua New Guinea Constabulary, developing plans for the disposal of weapons and promoting public awareness and __________________

312 Since 1971, the Council has not formally discussed UNMOGIP, which is funded from the regular United Nations budget without the requirement of a periodic renewal procedure.

313 S/1998/287. 314 S/PRST/1998/10. 315 S/1998/506 and S/1998/507.

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understanding of the peace process; and (d) to assist in other areas as agreed by the parties to the Agreement.316

The Office was headed by a Director and composed of two political and two military advisers plus international and local support staff.317

Mandate implementation

In response to a request from the Government of Papua New Guinea, the mandate of UNPOB was extended for 12 months until 31 December 2000 through an exchange of letters between the Secretary-General and the President of the Security Council.318

23. United Nations Mission in East Timor established pursuant to resolution 1246 (1999)

Establishment, mandate and composition

Following the signing of the Agreement between Indonesia and Portugal on the question of East Timor (known as the “General Agreement”) and of the Agreements between the United Nations and the Governments of Indonesia and Portugal, and on the basis of the recommendations of the Secretary-General,319 the Security Council, by resolution 1246 (1999) of 11 June 1999, decided to establish, until 31 August 1999, the United Nations Mission in East Timor (UNAMET) to organize and conduct a popular consultation.320 The popular consultation, scheduled for 8 August 1999, was to be held on the basis of a direct, secret and universal ballot, in order to ascertain whether the East Timorese people accepted the proposed constitutional framework providing for a special autonomy for East Timor within the unitary Republic of Indonesia or rejected the proposed special autonomy for East Timor, leading to East Timor’s

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316 S/1998/506. 317 Ibid. 318 S/1999/1152 and S/1999/1153. 319 S/1999/513 and S/1999/595. See also resolution 1236

(1999) of 7 May 1999, by which the Security Council welcomed the intention of the Secretary-General to establish, as soon as practicable, a United Nations presence in East Timor, with a view to assisting in the implementation of the Agreements between Indonesia and Portugal, and between the United Nations and Indonesia and Portugal.

320 Resolution 1246 (1999), para. 1.

separation from Indonesia, in accordance with the General Agreement.321

The Council endorsed the proposal by the Secretary-General that the mandate of UNAMET should incorporate the following components: (a) a political component responsible for monitoring the fairness of the political environment, for ensuring the freedom of all political and other non-governmental organizations to carry out their activities freely and for monitoring and advising the Special Representative on all matters with political implications; (b) an electoral component responsible for all activities related to registration and voting; and (c) an information component responsible for explaining to the East Timorese people, in an objective and impartial manner without prejudice to any position or outcome, the terms of the General Agreement and the proposed autonomy framework, for providing information on the process and procedure of the vote and for explaining the implication of a vote in favour or against the proposal.322

The Council authorized the deployment of up to 280 civilian police officers to act as advisers to the Indonesian police in the discharge of their duties and, at the time of the consultation, to supervise the escorting of ballot papers and boxes to and from the polling sites. The Council also authorized, until 31 August 1999, the deployment with the Mission of 50 military liaison officers to maintain contact with the Indonesian Armed Forces in order to allow the Secretary-General to discharge his responsibilities under the General Agreement and the Security Agreement.323 The appointments of the Special Representative for the East Timor Popular Consultation, the Civilian Police Commissioner, and the Chief Military Liaison Officer, as well as the list of countries contributing civilian police personnel and military liaison officers were confirmed through exchanges of letters between the Secretary-General and the President of the Security Council.324

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321 Ibid. 322 Ibid., para. 4. 323 Ibid., paras. 2 and 3. 324 S/1999/602, S/1999/603, S/1999/679, S/1999/680,

S/1999/709, S/1999/710, S/1999/750 and S/1999/751.

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Mandate implementation

Based on the recommendations of the Secretary-General,325 the Security Council extended the mandate of UNAMET twice, for periods of one month and three months, respectively, until 30 November 1999.326

By resolution 1262 (1999) of 27 August 1999, the Council endorsed the proposal of the Secretary-General that, in the interim phase, the Mission incorporate the following components: (a) an electoral unit; (b) a civilian police component of up to 460 personnel to continue to advise the Indonesian police and to prepare for the recruitment and training of the new East Timorese police force; (c) a military liaison component of up to 300 personnel to undertake the necessary military liaison functions, to continue to be involved in the work of the East Timorese bodies established to promote peace, stability and reconciliation, and to provide advice to the Special Representative for the East Timor Popular Consultation on security matters as required, pursuant to the implementation of the Agreements of 5 May 1999; (d) a civil affairs component to advise the Special Representative for the East Timor Popular Consultation in monitoring the implementation of the Agreements of 5 May 1999; and (e) a public information component to provide information on progress made towards implementation of the outcome of the ballot, and to disseminate a message promoting reconciliation, confidence, peace and stability.327

Termination of mandate/transition to a new mission

By resolution 1264 (1999) of 15 September 1999, the Council authorized the establishment of a multinational force under a unified command structure, pursuant to the request of the Government of Indonesia conveyed to the Secretary-General on 12 September 1999, with the following tasks: (a) to restore peace and security in East Timor; (b) to protect and support the United Nations Mission in East Timor in carrying out its tasks; and (c) within force capabilities, to facilitate humanitarian assistance operations.328 The Council

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325 S/1999/830 and S/1999/862, para. 16. 326 Resolutions 1257 (1999) and 1262 (1999). 327 Resolution 1262 (1999), para. 1. For the report of the

Secretary-General, see S/1999/862. 328 Resolution 1264 (1999), para. 3.

also agreed that the multinational force should collectively be deployed in East Timor until replaced by a United Nations peacekeeping operation, and invited the Secretary-General to make prompt recommendations on a peacekeeping operation to the Security Council.329 Finally, the Council invited the Secretary-General to plan and prepare for a United Nations transitional administration in East Timor, incorporating a United Nations peacekeeping operation, to be deployed in the implementation phase of the popular consultation and to make recommendations as soon as possible to the Security Council.330 The establishment of the United Nations Transitional Administration in East Timor (UNTAET) on 22 October 1999 marked the termination of UNAMET.

24. United Nations Transitional Administration in East Timor established pursuant to resolution 1272 (1999)

Establishment, mandate and composition

Acting under Chapter VII of the Charter, by resolution 1272 (1999) of 22 October 1999, the Security Council decided to establish the United Nations Transitional Administration in East Timor (UNTAET) for an initial period until 31 January 2001 on the basis of the report of the Secretary-General.331 UNTAET had the overall responsibility to administer the territory of East Timor, exercising legislative and executive authority during the transition period, including the administration of justice, and to support capacity-building for the self-government of East Timor.332

The mandate of UNTAET consisted of: (a) providing security and maintaining law and order throughout the territory of East Timor; (b) establishing an effective administration; (c) assisting in the development of civil and social services; (d) ensuring the coordination and delivery of humanitarian assistance, as well as rehabilitation and development assistance; (e) supporting capacity-building for

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329 Ibid., para. 10 330 Ibid., para. 11. 331 S/1999/1024. 332 Resolution 1272 (1999), para. 1.

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self-government; and (f) assisting in the establishment of conditions for sustainable development.333

The Transitional Administration included (a) a governance and public administration component, including an international police element with a strength of up to 1,640 officers; (b) a humanitarian assistance and emergency rehabilitation component; and (c) a military component, with a strength of up to 8,950 troops and up to 200 military observers.334 A Special Representative was appointed by the Secretary-General to head the Mission, as the Transitional Administrator.335 The appointments of the Special Representative and the Force Commander were confirmed through exchanges of letters between the Secretary-General and the President of the Security Council.336 The Council also requested the Transitional Administration and the multinational force deployed pursuant to resolution 1264 (1999) to cooperate closely with each other, with a view also to replacing, as soon as possible, the multinational force by the military component of the Transitional Administration.337

Europe

25. United Nations Peacekeeping Force in Cyprus established pursuant to resolution 186 (1964)

During the period under review, the United Nations Peacekeeping Force in Cyprus (UNFICYP) continued to perform its mandate to supervise ceasefire lines and to prevent a recurrence of fighting. On the basis of reports of the Secretary-General,338 the Council successively extended, on eight occasions,339 the mandate of UNFICYP for further periods of six months, the last of which ended on 15 June 2000.

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333 Ibid., para. 2. 334 Ibid., para. 3. 335 Resolution 1264 (1999), para. 3. 336 S/1999/1093, S/1999/1094, S/1999/1294 and

S/1999/1295. 337 Resolution 1272 (1999), para. 9. 338 S/1996/411, S/1996/1016, S/1997/437, S/1997/962,

S/1998/488, S/1998/1149, S/1999/657 and S/1999/1203. 339 Resolutions 1062 (1996), 1092 (1996), 1117 (1997),

1146 (1997), 1178 (1998), 1217 (1998), 1251 (1999) and 1283 (1999).

26. United Nations Observer Mission in Georgia established pursuant to resolution 858 (1993)

During the period under review, the United Nations Observer Mission in Georgia (UNOMIG) continued to verify compliance with the ceasefire agreement between the Government of Georgia and the Abkhaz authorities in Georgia, to investigate reported or alleged violations of the Agreement and to resolve or contribute to the resolution of such incidents.

Mandate implementation

During the period under review, in accordance with the recommendations of the Secretary-General,340 the mandate of UNOMIG was extended eight times for periods of six months, the last of which ended on 31 January 2000.341

By resolution 1077 (1996) of 22 October 1996, the Council established a United Nations office for the protection and promotion of human rights in Abkhazia, Georgia, and decided that it should form part of UNOMIG, under the authority of the Head of Mission of UNOMIG, consistent with the recommendations contained in the report of the Secretary-General.342

By a statement of the President dated 25 November 1998,343 the Council members welcomed the efforts of the Secretary-General in improving the security of UNOMIG and approved his proposal to increase the number of internationally recruited lightly armed security personnel and additional local security personnel to provide internal security to the Mission’s installations.344

27. United Nations Preventive Deployment Force in the former Yugoslav Republic of Macedonia established pursuant to resolution 983 (1995)

During the period under review, the United Nations Preventive Deployment Force in the former Yugoslav Republic of Macedonia (UNPREDEP) continued to monitor and report on any developments __________________

340 S/1996/5, S/1996/507, S/1997/47, S/1997/558, S/1998/51, S/1998/647, S/1999/60 and S/1999/805.

341 Resolutions 1036 (1996), 1065 (1996), 1096 (1997), 1124 (1997), 1150 (1998), 1187 (1998), 1225 (1999) and 1255 (1999).

342 S/1996/507, paras. 17 and 18. 343 S/PRST/1998/34. 344 S/1998/1012.

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in the border areas which could undermine confidence and stability in the former Yugoslav Republic of Macedonia and threaten its territory.

Mandate implementation

Although UNPREDEP was established as a distinct operating entity in the former Yugoslav Republic of Macedonia pursuant to Security Council resolution 983 (1995) of 31 March 1995, overall command and control of the United Nations presence in the former Yugoslavia was placed with United Nations Peace Forces Headquarters and was exercised by the Special Representative of the Secretary-General. Based on the recommendation of the Secretary-General,345 the Security Council made UNPREDEP an independent mission reporting directly to the United Nations Headquarters in New York as of 1 February 1996.346

Based on the recommendations of the Secretary-General,347 by resolution 1046 (1996) of 13 February 1996, the Council authorized an increase in the strength of UNPREDEP by 50 military personnel in order to provide for a continued engineering capability in support of its operations and also approved the establishment of the position of Force Commander.348

Until its termination on 28 February 1999, the Security Council successively extended the mandate of UNPREDEP six times for periods of varying lengths,349 based on the recommendations of the Secretary-General.350

Based on the recommendations of the Secretary-General,351 the Council decided, by resolution 1082 (1996) of 27 November 1996, to reduce the military component of UNPREDEP by 300 all ranks by 30 April 1997 with a view to concluding the mandate as and when circumstances permitted.352 Owing to volatility in the region caused by the situation in

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345 S/1996/65. 346 S/1996/76. 347 S/1996/65 and S/1996/94. 348 Resolution 1046 (1996), paras. 1 and 2. 349 Resolutions 1058 (1996), 1082 (1996), 1101 (1997),

1140 (1997), 1142 (1997) and 1186 (1998). 350 S/1996/373, S/1996/961, S/1997/365, S/1997/911,

S/1998/454 and S/1998/644. 351 S/1996/961. 352 Resolution 1082 (1996), para. 1.

Albania,353 the Council, by resolution 1105 (1997) of 9 April 1997, subsequently decided to suspend the reduction of the military component of UNPREDEP referred to in its resolution 1082 (1996) until the end of the mandate on 31 May 1997.354 At the end of that period, the Council extended the mandate of UNPREDEP until 30 November 1997 and decided to start, as of 1 October 1997, a two-month phased reduction of the military component by 300 all ranks,355 based on the recommendations of the Secretary-General.356

On 14 July 1998, the Secretary-General submitted a report recommending that the Council consider increasing the troop level of UNPREDEP by 350 all ranks and increasing the military observer and the civilian police elements by 12 and 24 personnel respectively.357 By resolution 1186 (1998) of 21 July 1998, the Council decided to authorize an increase in the troop strength of UNPREDEP up to 1,050 and to extend the mandate of the Force for a period of six months, during which the Force would continue by its presence to deter threats and prevent clashes, to monitor the border areas, and to report to the Secretary-General on any developments which could pose a threat to the former Yugoslav Republic of Macedonia, including the tasks of monitoring and reporting on illicit arms flows and other activities that were prohibited under resolution 1160 (1998).358

Termination of mandate

In his report dated 12 February 1999, the Secretary-General recommended that the Security Council extend the presence of UNPREDEP, with its existing mandate and composition, for a further period of six months until 31 August 1999.359 At the 3982nd meeting of the Council, on 25 February 1999, the draft resolution, which would have extended the mandate of UNPREDEP for a period of six months until 31 August 1999,360 was not adopted owing to the negative vote of

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353 S/1997/276. 354 Resolution 1105 (1997), para. 1. 355 Resolution 1110 (1997). 356 S/1997/365. 357 S/1998/644, 358 Resolution 1186 (1998), para. 1. 359 S/1999/161. 360 S/1999/201.

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a permanent member of the Security Council.361 The Force was therefore terminated on 28 February 1999.

28. United Nations Mission in Bosnia and Herzegovina established pursuant to resolution 1035 (1995)

During the period under review, the United Nations Mission in Bosnia and Herzegovina (UNMIBH), established pursuant to resolution 1035 (1995) and consisting of the United Nations International Police Task Force and the United Nations civilian office in Bosnia and Herzegovina, continued to monitor law enforcement activities and facilities, advise and train law enforcement personnel, respond to requests for assistance and mobilize and coordinate all civilian activities.

Mandate implementation

During the period under review, on the basis of the recommendations of the Secretary-General,362 the Council continuously extended for four times the mandate of UNMIBH for periods of six and twelve months, the last of which ended on 21 June 2000.363

By resolution 1088 (1996) of 12 December 1996, the Security Council decided that UNMIBH should continue to be entrusted with the tasks set out in annex 11 of the General Framework Agreement for Peace in Bosnia and Herzegovina, including the tasks referred to in the conclusions of the Peace Implementation Conference held in London on 4 and 5 December 1996 and agreed by the authorities in Bosnia and Herzegovina.364 Those tasks included improving the effectiveness of the Task Force by allowing it to investigate or assist with investigations of allegations of misconduct, including human rights abuses, by police or an official of any other law enforcement or judicial agency, and to propose the sanctioning of offenders.365

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361 S/PV.3982 362 S/1996/1017, S/1997/966, S/1998/491 and S/1999/670. 363 Resolutions 1088 (1996), 1144 (1997), 1174 (1998) and

1247 (1999). 364 Resolution 1088 (1996), para. 27. For the conclusions of

the Peace Implementation Conference on Bosnia and Herzegovina, see S/1996/1012.

365 S/1996/1012, paras. 5 and 76.

The Council, by resolution 1103 (1997) of 31 March 1997, decided to authorize an increase in the strength of UNMIBH by 186 police and 11 civilian personnel, in the light of the recommendation of the Secretary-General concerning the role of the Task Force in Brcko,366 and in order to enable it to carry out its mandate as set out in annex 11 of the Peace Agreement and resolution 1088 (1996) of 12 December 1996.

Based on the recommendations of the Secretary-General,367 the Council, by resolution 1107 (1997) of 16 May 1997, decided to authorize a further increase in the strength of UNMIBH by 120 police personnel.368

Based on the recommendations of the Secretary-General,369 the Council decided, by resolution 1144 (1997) of 19 December 1997, that the Task Force should continue to be entrusted with the tasks set out in annex 11 of the Peace Agreement, including the tasks referred to in the conclusions of the Peace Implementation Conference held in London on 4 and 5 December 1996 and of the Ministerial Meeting of the Steering Board of the Peace Implementation Council held in Sintra, Portugal, on 30 May 1997, as well as the Peace Implementation Conference held in Bonn on 9 and 10 December 1997, and agreed upon by the authorities in Bosnia and Herzegovina.370 The Council expressed its support for the conclusions of the Bonn Conference, and encouraged the Secretary-General to pursue implementation of its relevant recommendations, in particular on the restructuring of the Task Force.371 The recommendations included entrusting the Task Force with the following additional tasks: (a) the creation of specialized Task Force training units to address such key public security issues such as refugee returns, organized crime, drugs, corruption and terrorism, as well as public security crisis management (including crowd control) and training in the detection of financial crime and smuggling; and (b) cooperation with the Council of

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366 S/1997/224. The Brcko Implementation Conference had proposed that the Task Force carry out the monitoring, restructuring and retraining of police in the Brcko area. See chapter VIII for more details.

367 S/1997/224 and S/1997/351. 368 Resolution 1107 (1997), para. 1. 369 S/1997/966. 370 Resolution 1144 (1997), para. 1. 371 Ibid., para. 2.

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Europe and the Organization for Security and Cooperation in Europe (OSCE), under the coordination of the High Representative, in a programme of judicial and legal reforms, including assessment and monitoring of the court system, development and training of legal professionals and restructuring of institutions with the judicial system.372

Based on the recommendations of the Secretary-General,373 the Council, by resolution 1168 (1998) of 21 May 1998, decided to authorize an increase in the strength of the Task Force by 30 posts, to a total authorized strength of 2,057.374

By resolution 1174 (1998) of 15 June 1998, the Council decided that the Task Force should continue to be entrusted with the tasks already set out, including those referred to in the conclusions of the Peace Implementation Conference in Luxembourg on 9 June 1998 and agreed upon by the authorities in Bosnia and Herzegovina.375

Based on the recommendations of the Secretary-General,376 the Security Council, by resolution 1184 (1998) of 16 July 1998, approved the establishment by UNMIBH of a programme to monitor and assess the court system in Bosnia and Herzegovina, as part of an overall programme of legal reform as outlined by the Office of the High Representative, in the light of the Peace Agreement, the recommendations of the Peace Implementation Conference in Bonn and the Steering Board of the Peace Implementation Council in Luxembourg, and the recommendations of the High Representative.377

By resolution 1247 (1999) of 18 June 1999, the Council decided that the Task Force should continue to be entrusted with the tasks already set out, including those referred to in the conclusions of the Peace Implementation Conference held in Madrid on 15 and

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372 S/1997/979, section I, para. 2 (c), and section IV, paras. 3-5.

373 S/1998/227. 374 Resolution 1168 (1998), para. 1. 375 Resolution 1174 (1998), para. 19. For the declaration of

the Luxembourg Peace Implementation Council Steering Board, see S/1998/498.

376 S/1998/227 and S/1998/491. 377 Resolution 1184 (1998), para. 1. See also S/1995/999,

S/1997/979, S/1998/498 and S/1998/314.

16 December 1998 and agreed by the authorities in Bosnia and Herzegovina.378

29. United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium established pursuant to resolution 1037 (1996)

Establishment, mandate and composition

By resolution 1037 (1996) of 15 January 1996, acting under Chapter VII of the Charter, the Council established the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES) for an initial period of 12 months based on the recommendations of the Secretary-General,379 and the Basic Agreement on the Region of Eastern Slovania, Baranja and Western Sirmium signed between the Government of the Republic of Croatia and the local Serbian community.380

The Transitional Administration was established with a military and civilian component, each with their specific mandate. As set out in resolution 1037 (1996), the mandate of the military component was (a) to supervise and facilitate demilitarization; (b) to monitor the voluntary and safe return of refugees and displaced persons to their home of origin in cooperation with the United Nations High Commissioner for Refugees (UNHCR); (c) to contribute, by its presence, to the maintenance of peace and security in the region; and (d) to assist in the implementation of the Basic Agreement. The mandate of the civilian component was (a) to establish a temporary police force, define its structure and size, and develop a training programme and oversee its implementation, as well as monitor the treatment of offenders and the prison system; (b) to undertake tasks relating to civil administration and public services; (c) to facilitate the return of refugees; (d) to organize elections, assist in their conduct, and certify the results; (e) to undertake the other activities described in the report of the Secretary-General,381 __________________

378 Resolution 1247 (1999), para. 19. For the conclusions of the Conference, see S/1999/139.

379 S/1995/1028. 380 S/1995/951, annex. The Basic Agreement, signed on

12 November 1995, requested the Council to set up a transitional administration to govern the region for an initial period of 12 months.

381 S/1995/1028.

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including assistance in the coordination of plans for the development and economic reconstruction of the region; and (f) to monitor the compliance of the parties with their commitment to respect the highest standards of human rights and fundamental freedoms, promote an atmosphere of confidence among all local residents irrespective of their ethnic origin, monitor and facilitate the demining of territory within the region and maintain an active public affairs element.382

In an addendum to his report dated 13 December 1995,383 the Secretary-General provided an estimate of 5,000 contingent personnel, 600 civilian police, 469 international civilian staff and 681 locally recruited staff. Pursuant to resolution 1037 (1996), the Council authorized an initial deployment of 5,000 troops constituting the military component.384 The appointment of the Transitional Administrator was confirmed through an exchange of letters between the Secretary-General and the President of the Security Council.385

Mandate implementation

In accordance with the Secretary-General’s letter dated 26 January 1996,386 by resolution 1043 (1996) of 31 January 1996, the Council authorized the deployment of 100 military observers for an initial period of six months.387

On the basis of the recommendations of the Secretary-General,388 the deployment of the military observers was extended for a period of six months by resolution 1069 (1996) of 30 July 1996. Subsequently, prior to its termination on 15 January 1997, the Council extended the mandate of UNTAES two times,389 in accordance with the recommendations of the Secretary-General.390

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382 Resolution 1037 (1996), paras. 10 and 11. 383 S/1995/1028/Add.1. 384 Resolution 1037 (1996), para. 10. 385 S/1996/38 and S/1996/39. 386 S/1996/66. 387 Resolution 1043 (1996), para. 1. 388 S/1996/472. 389 Resolutions 1079 (1996) and 1120 (1997). 390 S/1996/883 and S/1997/487.

Termination of mandate/transition to a new mission

By resolution 1120 (1997) of 14 July 1997, the Council endorsed the plans recommended by the Secretary-General for the gradual devolution by the Transitional Administrator of executive responsibility for civil administration in the region and for restructuring the Transitional Administration, in particular, the proposal for achieving the drawdown of the military component of the Transitional Administration by 15 October 1997.391 It also stressed that the pace of the gradual devolution of executive responsibility would be commensurate with the demonstrated ability of Croatia to reassure the Serb population and successfully complete peaceful reintegration.392

By a report dated 4 December 1997,393 the Secretary-General recommended the termination of UNTAES on 15 January 1998 as well as the establishment of a support group to continue to monitor the performance of the Croatian police. By resolution 1145 (1997), the Council noted the termination of UNTAES and welcomed the recommendations of the Secretary-General,394 as well as the request from the Government of Croatia for a continued presence of the United Nations civilian police monitors after the termination of the mandate of UNTAES.395 Furthermore, the Council decided to establish a post-UNTAES support group of civilian police monitors as recommended by the Secretary-General.396

30. United Nations Civilian Police Support Group established pursuant to resolution 1145 (1997)

Establishment, mandate and composition

Following the expiration of the mandate of UNTAES, the United Nations Civilian Police Support Group (UNPSG) was established by resolution 1145 (1997) of 19 December 1997 for a period of nine

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391 S/1997/487. 392 Resolution 1120 (1997), paras. 9, 10 and 11. 393 S/1997/953, para. 38. 394 Resolution 1145 (1997), para. 1. 395 S/1997/913. 396 Resolution 1145 (1997), para. 13.

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months,397 as recommended by the Secretary-General.398

In accordance with the report of the Secretary-General,399 the Council decided, by resolution 1145 (1997), that UNPSG would continue to monitor the performance of the Croatian police in the Danube region, particularly in connection with the return of displaced persons, and would assume responsibility for those former UNTAES personnel and United Nations-owned assets needed for its use in fulfilment of its mandate.400

The United Nations Civilian Police Support Group was composed of 180 civilian police, supported by a civilian establishment of 53 international and 165 local personnel.401

Mandate implementation: termination of mandate/transition to a new mission

Reporting to the Council on 11 June 1998,402 the Secretary-General stated that he had instructed that a timetable be established for the handover of the functions of the Support Group to OSCE. By a statement of the President dated 2 July 1998,403 the Council members welcomed the planned transfer of the police monitoring function in the region to the OSCE and agreed with the intention of the Secretary-General to reduce gradually the number of civilian police monitors. In his final report dated 27 October 1998,404 the Secretary-General informed the Council that the mandate of UNPSG ended on 15 October 1998 and that OSCE had taken over the police monitoring responsibilities.

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397 Ibid. 398 S/1997/953. 399 Ibid. 400 Resolution 1145 (1997), paras. 13 and 14. 401 S/1997/953/Add.1. 402 S/1998/500. 403 S/PRST/1998/19. 404 S/1998/1004. The President of the Council welcomed the

successful conclusion of the mandate of UNPSG in his statement of 6 November 1998 (S/PRST/1998/32).

31. United Nations Confidence Restoration Operation in Croatia

Mandate implementation: termination of mandate

Following the decision of the Council set out by resolution 1025 (1995) of 30 November 1995, the mandate of the United Nations Confidence Restoration Operation in Croatia (UNCRO) was terminated on 15 January 1996.

32. United Nations Mission of Observers in Prevlaka established pursuant to resolution 1038 (1996)

Establishment, mandate and composition

Following the termination of the United Nations Confidence Restoration Operation in Croatia, the Council, by resolution 1038 (1996) of 15 January 1996, authorized the United Nations Mission of Observers in Prevlaka (UNMOP) to continue monitoring the demilitarization of the Prevlaka peninsula, in accordance with resolutions 779 (1992) and 981 (1995) and paragraphs 19 and 20 of the report of the Secretary-General of 13 December 1995.405 The Mission was established on 1 February 1996 for a period of three months, to be extended for an additional period of three months upon a report by the Secretary-General that such extension would continue to contribute to the decrease of tension in the area.406

UNMOP consisted of 28 military observers under the command and direction of a chief military observer.407 The appointment of the Chief Military Observer was approved through an exchange of letters between the Secretary-General and the President of the Security Council.408

Mandate implementation

The mandate of UNMOP was extended initially for three months on the basis of the initial report of the Secretary-General pursuant to resolution 1038 (1996).409 During the period under review, on the basis

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405 S/1995/1028. 406 Resolution 1038 (1996), para. 1. 407 S/1995/1028, para. 20. 408 S/1996/142 and S/1996/143. 409 S/1996/180.

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of later reports of the Secretary-General,410 the Security Council extended the mandate of UNMOP seven times for periods of six months, the last of which ended on 15 January 2000.411

33. United Nations Interim Administration Mission in Kosovo established pursuant to resolution 1244 (1999)

Establishment, mandate and composition

Following the adoption, on 6 May 1999, of the general principles for a political solution to the Kosovo crisis by the Group of Eight Ministers for Foreign Affairs and the acceptance by the Federal Republic of Yugoslavia of the principles set forth in the paper presented in Belgrade on 2 June 1999,412 the Security Council, acting under Chapter VII of the Charter, authorized the Secretary-General to establish an international civil presence in Kosovo by resolution 1244 (1999) of 10 June 1999.413 The international civil presence, known as the United Nations Interim Administration Mission in Kosovo (UNMIK), was established shortly thereafter, for an initial period of 12 months, and was to continue thereafter unless the Security Council decided otherwise. Resolution 1244 (1999) also established an international security presence, known as the International Security Force in Kosovo (KFOR) and headed by the North Atlantic Treaty Organization (NATO).414

The mandate of the international civil presence consisted of the following: (a) promoting the establishment of substantial autonomy and self-government in Kosovo, taking full account of the Rambouillet Accords; (b) performing basic civilian administrative functions; (c) organizing and overseeing the development of provisional institutions for democratic and autonomous self-government pending a political settlement, including the holding of elections; (d) transferring, as these institutions were established, its administrative responsibilities while overseeing and supporting the consolidation of Kosovo’s local provisional institutions and other peacebuilding __________________

410 S/1996/502, S/1996/1075, S/1997/506, S/1997/1019, S/1998/578, S/1999/16 and S/1999/764.

411 Resolutions 1066 (1996), 1093 (1997), 1119 (1997), 1147 (1998), 1183 (1998), 1222 (1999) and 1252 (1999).

412 See resolution 1244 (1999), annexes I and II, respectively. 413 Ibid., para. 10. 414 Ibid., para. 7.

activities; (e) facilitating a political process designed to determine Kosovo’s future status, taking into account the Rambouillet Accords; (f) overseeing the transfer of authority from Kosovo’s provisional institutions to institutions established under a political settlement; (g) supporting the reconstruction of key infrastructure and other economic reconstruction; (h) supporting, in coordination with international humanitarian organizations, humanitarian and disaster relief aid; (i) maintaining civil law and order, including establishing local police forces and in the meantime through the deployment of international police personnel to serve in Kosovo; (j) protecting and promoting human rights; and (k) assuring the safe and unimpeded return of all refugees and displaced persons to their homes in Kosovo.415

The Special Representative of the Secretary-General in Kosovo was appointed to head UNMIK through an exchange of letters between the Secretary-General and the President of the Security Council.416 The Mission was composed of four major components, and each component was assigned to an agency which took the lead role in a particular area. The first component dealt with humanitarian assistance and was led by the Office of the United Nations High Commissioner for Refugees. The second one dealt with civil administration and was under the direct leadership of the United Nations. The third one concerned democratization and institution-building issues and was led by OSCE. The last component dealt with reconstruction and economic development and was led by the European Union. The interim civil administration component of the Mission, under the United Nations, was comprised of three offices: a police commissioner, an office for civil affairs, and an office for judicial affairs. The Special Representative’s staff also included a military liaison unit to facilitate day-to-day relations with the international security presence (KFOR).417

Mandate implementation

On the basis of the recommendations of the Secretary-General in his report of 16 September 1999,418 the total number of United Nations civilian __________________

415 Ibid., para. 11. 416 S/1999/748 and S/1999/749. 417 S/1999/672. 418 S/1999/987 and Add.1.

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police officers in the Mission was increased to 4,718.419

Middle East

34. United Nations Truce Supervision Organization established pursuant to resolution 50 (1948)

During the period under review, the United Nations Truce Supervision Organization (UNTSO) continued to assist and cooperate with the United Nations Disengagement Observer Force (UNDOF) in the Golan Heights and the United Nations Interim Force in Lebanon (UNIFIL), in accordance with its terms of reference.420

35. United Nations Disengagement Observer Force established pursuant to resolution 350 (1974)

The United Nations Disengagement Observer Force established pursuant to resolution 350 (1974) (UNDOF) continued, during the period under consideration, to monitor the ceasefire between Israel and the Syrian Arab Republic, to supervise the disengagement of Israeli and Syrian Arab Republic forces and to supervise the areas of separation and limitation, as provided in the agreement on disengagement. On the basis of the reports by the Secretary-General,421 the Council decided, on eight occasions,422 to extend the Force’s mandate for further periods of six months, the last of which ended on 31 May 2000.

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419 S/1999/1119. 420 Since the establishment of UNTSO, the Council has

assigned it different tasks without formally changing its mandate: the supervision of the General Armistice, the supervision of the armistice following the Suez war, the supervision of the ceasefire between Egypt and Israel in the Sinai, and the supervision of the truce between Israel and Lebanon and Israel and the Syrian Arab Republic, in collaboration with UNIFIL and UNDOF, respectively.

421 S/1996/368, S/1996/959, S/1997/372, S/1997/884, S/1998/391, S/1998/1073, S/1999/575 and S/1999/1175.

422 Resolutions 1057 (1996), 1081 (1996), 1109 (1997), 1139 (1997), 1169 (1998), 1211 (1998), 1243 (1999) and 1276 (1999).

36. United Nations Interim Force in Lebanon established pursuant to resolutions 425 (1978) and 426 (1978)

During the period under review, the United Nations Interim Force in Lebanon (UNIFIL) continued to fulfil its mandate to confirm the withdrawal of Israeli forces, to restore international peace and security and to assist the Government of Lebanon in restoring its authority in the area. On the basis of the reports and interim reports by the Secretary-General,423 and at the request of the Government of Lebanon,424 the Council adopted, during the period under review, eight resolutions successively extending the Force’s mandate for additional periods of six months, the last of which ended on 31 January 2000.425

37. United Nations Iraq-Kuwait Observation Mission established pursuant to resolution 687 (1991)

During the period under review, the United Nations Iraq-Kuwait Observation Mission (UNIKOM) continued to monitor the Khawr ‘Abd Allah and the demilitarized zone between Iraq and Kuwait, to deter violations of the boundary, and to observe any hostile or potentially hostile action mounted from the territory of one State against the other. During the period under consideration, in accordance with resolution 689 (1991),426 the Council held periodic reviews of the question of termination or continuation of UNIKOM and its modalities of operation, on the basis of the reports submitted by the Secretary-General.427 By letters from the President of the Council addressed to the Secretary-General,428 Council members continued

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423 S/1996/45, S/1996/575, S/1997/42, S/1997/550, S/1998/53, S/1998/652, S/1999/61 and S/1999/807.

424 S/1996/34, S/1996/566, S/1997/41, S/1997/534, S/1998/7, S/1998/584, S/1999/22 and S/1999/720.

425 Resolutions 1039 (1996), 1068 (1996), 1095 (1997), 1122 (1997), 1151 (1998), 1188 (1998), 1223 (1999) and 1254 (1999).

426 By resolution 689 (1991), the Security Council decided that UNIKOM could be terminated only by a further decision of the Council and that the Council should review the question of termination or continuation of UNIKOM and its modalities of operation every six months.

427 S/1996/225, S/1996/801, S/1997/255, S/1997/740, S/1998/269, S/1998/889, S/1999/330 and S/1999/1006.

428 S/1996/247, S/1996/840, S/1997/286, S/1997/773, S/1998/296, S/1998/925, S/1999/384 and S/1999/1033.

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to concur with the Secretary-General’s recommendation that UNIKOM be maintained throughout the period under consideration, and decided to review the question once again by 6 April 2000. During this period, through exchanges of letters between the Secretary-General and the President of the Security Council, two new Force Commanders were appointed.429

F. Ad hoc commissions and ad hoc tribunals

Ad hoc commissions

During the period under review, the Security Council created one ad hoc commission, namely the United Nations Monitoring, Verification and Inspection Commission established pursuant to resolution 1284 (1999), and continued to oversee two ad hoc commissions: the United Nations Compensation Commission established pursuant to resolutions 687 (1991) and 692 (1991), and the United Nations Special Commission established pursuant to resolution 687 (1991). The latter was terminated during the period under consideration.

1. United Nations Compensation Commission established pursuant to resolutions 687 (1991) and 692 (1991)

Mandated to verify and value the claims of loss, damage and injury to foreign Governments, nationals and corporations resulting from Iraq’s unlawful invasion and occupation of Kuwait, and to administer the payment of compensation, the United Nations Compensation Commission established pursuant to resolution 687 (1991) continued to exist during the period under review.

Mandate implementation

The funding for payments came from a 30 per cent share of the revenue derived from the sale of Iraqi petroleum under the oil-for-food programme, established by resolution 986 (1995) and the memorandum of understanding of 20 May 1996 between Iraq and the United Nations, and subsequently

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429 S/1997/841, S/1997/842, S/1999/1154 and S/1999/1155.

extended by resolutions 1111 (1997), 1143 (1997), 1153 (1998), 1210 (1998), 1242 (1999), 1275 (1999), 1280 (1999) and 1281 (1999).

By letters addressed to the President of the Security Council, the President of the Commission’s Governing Council reported on the Commission’s activities at its regular430 and special sessions.431

By a letter dated 2 December 1996, addressed to the President of the Security Council,432 the President of the Governing Council of the Commission noted that the combination of the delay in the implementation of resolution 986 (1995) and the exhaustion of the “matching funds” that the Government of the United States had transferred to the United Nations escrow account pursuant to resolution 778 (1992) had frustrated the ability of the Commission to present a totally funded draft budget for 1997. Although hoping that resolution 986 (1995) could be entirely implemented, allowing the Commission to fulfil integrally its mission, the President of the Governing Council highlighted the need to find “bridging contributions” to fully finance the 1997 budget. He stated that the Governing Council looked to the Council’s efforts to spur the temporary bridging contributions, which would then be reimbursed in full once the funds resulting from implementation of resolution 986 (1995) had been made available to the Compensation Fund.

2. United Nations Special Commission established pursuant to resolution 687 (1991)

During the period under review, the United Nations Special Commission established pursuant to paragraph 9 (b) (i) of resolution 687 (1991) continued to carry out on-site inspection of Iraq’s biological, chemical, and missile capabilities, based on Iraq’s declarations and the designation of any additional locations by the Special Commission itself.

Mandate implementation

By resolution 1051 (1996) of 27 March 1996, the Council approved the export/import monitoring

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430 S/1996/41, S/1996/462, S/1996/669, S/1996/893, S/1997/50, S/1997/546, S/1997/809, S/1998/37, S/1998/300, S/1998/1007, S/1999/37 and S/1999/856.

431 S/1996/108 and S/1998/l46. 432 S/1996/996.

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mechanism for Iraq and demanded that Iraq meet unconditionally all of its obligations under the mechanism and cooperate fully with the Special Commission and the Director General of the International Atomic Energy Agency (IAEA). The Council decided that the Committee established under resolution 661 (1990) and the Special Commission should carry out the functions assigned to them under the mechanism, until the Council decided otherwise, and requested the Director General of the IAEA to carry out, with the assistance and cooperation of the Special Commission, the functions assigned to him under the mechanism.433 The Council also called for a change in the Commission’s reporting requirements. Prior to the adoption of that resolution, the Commission was required to submit reports every six months under the terms of both resolutions 699 (1991) and 715 (1991). The reports focused on Iraq’s proscribed weapons programmes and the implementation of the Commission’s monitoring and verification plans, respectively. The new system of reporting required the Commission to produce a consolidated report covering all aspects of its work under resolutions 687 (1991), 707 (1991), 715 (1991) and 1051 (1996).

Pursuant to that request, through notes by the Secretary-General, the Executive Chairman of the Special Commission submitted eight semi-annual reports during the period under review.434

Furthermore, by a note dated 18 April 1996,435 the Secretary-General transmitted the compendium of terms relating to items described in the annexes to the plans of the Special Commission and IAEA for ongoing monitoring and verification,436 which constituted an integral part of the mechanism for export/import monitoring for Iraq called for under paragraph 7 of Security Council resolution 715 (1991) and adopted by the Council by its resolution 1051 (1996).437

During the period under consideration, the Council repeatedly expressed its support for the

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433 Resolution 1051 (1996), paras. 10 and 11. 434 S/1996/258, S/1996/848, S/1997/301, S/1997/774,

S/1998/332, S/1998/920, S/1999/401 and S/1999/1037. 435 S/1996/303. 436 S/1995/208 and S/1995/215. 437 S/1995/1017.

Special Commission in its efforts to ensure implementation of its mandate under the relevant resolutions of the Council and demanded that the Government of Iraq fully cooperate with the Special Commission by allowing the inspection teams immediate, unconditional and unrestricted access to all sites that they wished to inspect.438 On several occasions, the Council took note of incidents or delays described in letters from the Executive Chairman of the Special Commission to the President of the Security Council.439

By a statement of the President dated 14 June 1996,440 the Council members condemned the failure of Iraq to comply with resolution 1060 (1996) by refusing access to sites designated by the Special Commission and asked the Executive Chairman to visit Baghdad, with a view to securing access to all sites which the Commission designated for inspection and engaging in a forward-looking dialogue on other issues under the Commission’s mandate. The Council further requested the Chairman to report immediately afterwards on the results of his visit and on the impact of Iraqi policies on the mandate and work of the Special Commission.

Pursuant to the latter request, by a letter dated 24 June addressed to the President of the Security Council,441 the Executive Chairman of the Special Commission reported on his mission to Baghdad.442

By resolution 1115 (1997) of 21 June 1997, the Security Council, inter alia, condemned the repeated refusal of the Iraqi authorities to allow access to sites designated by the Special Commission. It demanded

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438 S/PRST/1996/11, resolution 1060 (1996), S/PRST/1996/28, S/PRST/1996/36, S/PRST/1996/49, S/PRST/1997/33, resolution 1115 (1997), resolution 1134 (1997), resolution 1137 (1997), S/PRST/1997/51, resolution 1194 (1998), S/1998/769 and resolution 1205 (1998).

439 See, for example: S/1996/182, S/1997/455, S/1997/458 and S/1998/767.

440 S/PRST/1996/28. 441 S/1996/463. 442 By a subsequent letter dated 3 September 1996

addressed to the President of the Security Council (S/1996/714), the Executive Chairman of the Special Committee reported on his mission to Baghdad carried out from 26 to 28 August 1996, pursuant to a provision in the joint statement signed at Baghdad on 22 June 1996 (S/1996/463, annex).

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that the Government of Iraq allow the Special Commission inspection teams immediate, unconditional and unrestricted access to any and all areas, facilities, equipment, records and means of transportation which they wished to inspect in accordance with the mandate of the Special Commission and that the Government of Iraq give immediate, unconditional and unrestricted access to officials and other persons under the authority of the Government of Iraq whom the Special Commission wished to interview.443 By the same resolution, the Council requested the Chairman of the Special Commission to include in his consolidated progress reports under resolution 1051 (1996) an annex evaluating Iraq’s compliance with the above demands. In his fourth report to the Council pursuant to resolution 1051 (1996), the Executive Chairman of the Commission responded to the latter request, including in his consolidated progress reports an annex evaluating Iraq’s compliance with paragraphs 2 and 3 of resolution 1115 (1997).444

By resolution 1134 (1997) of 23 October 1997, the Council reiterated its request to the Chairman of the Special Commission to include in all future consolidated progress reports, prepared pursuant to resolution 1051 (1996), an annex evaluating Iraq’s compliance with resolution 1115 (1997).

By a statement of the President dated 3 December 1997,445 the Council members endorsed the conclusions and recommendations of the emergency session of the Special Commission.446 The Council encouraged the intensified efforts of the Commission, in order to implement fully its mandate and acknowledged that, as Iraq complied with its obligations under the relevant resolutions, the Commission would make the transition from investigation to monitoring, expanding the use of the ongoing monitoring system functioning in Iraq.

Following the report of the Executive Chairman of the Special Commission on his discussions with officials of the Government of Iraq, which took place in Baghdad from 12 to 16 December 1997,447 by a

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443 Resolution 1115 (1997), paras. 2 and 3. 444 S/1997/774. 445 S/PRST/1997/54. 446 S/1997/922 and annex. 447 S/1997/987 and annex.

statement of the President dated 22 December 1997,448 the Council members expressed their full support for the Special Commission and its Executive Chairman, including for his ongoing discussions with officials of the Government of Iraq.

By a statement of the President dated 14 January 1998,449 the Council members expressed their full support for the Special Commission and its Executive Chairman, including his forthcoming travel to Iraq aimed at continuing discussions with officials of the Government of Iraq to ensure the full implementation of the relevant Security Council resolutions. In this connection, the Council requested a full briefing by the Executive Chairman on these discussions as soon as possible. Further to the Council’s request, the Chairman of UNSCOM submitted his report on 22 January 1998.450

By a statement of the President dated 14 May 1998,451 after reviewing the report dated 16 April 1998 of the Executive Chairman of the Special Commission,452 the Council members encouraged the Special Commission to continue its efforts to improve its effectiveness and efficiency and looked forward to a technical meeting of the members of the Council with the Executive Chairman of the Commission as a follow-up to the review of sanctions held by the Council on 27 April 1998.

By a letter dated 31 October 1998,453 the Deputy Executive Chairman of the Special Commission reported to the Council that the Government of Iraq had decided to suspend, stop or cease all activities of the Commission, including monitoring activities, and that the monitoring teams would not be allowed to conduct any activity. By resolution 1205 (1998) of 5 November 1998, the Security Council condemned, inter alia, Iraq’s decision of 31 October 1998.

By a letter dated 11 November 1998 addressed to the President of the Security Council,454 the Executive Chairman of the Special Commission explained the

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448 S/PRST/1997/56. 449 S/PRST/1998/1. 450 S/1998/58. 451 S/PRST/1998/11. 452 S/1998/332. 453 S/1998/1023. 454 S/1998/1059.

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circumstances surrounding the decision to remove all of the Commission’s personnel from Iraq.

On 15 December 1998, through a note by the Secretary-General, the Executive Chairman reported to the Council on the level of cooperation offered by Iraq in the period since 17 November 1998.455 The Executive Chairman stated that, the experience over the period since that date did not provide a sufficient basis for a comprehensive review, and that Iraq had not provided the full cooperation it had promised on 14 November 1998. In that light, the Commission was not able to conduct the substantive disarmament work mandated to it by the Security Council and thus, to give the Council the assurances it required with respect to Iraq’s prohibited weapons programmes.

By a letter dated 25 January 1999,456 the Executive Chairman submitted to the President of the Council two reports, one on the current state of affairs with respect to the disarmament of Iraq’s proscribed weapons, and the second on ongoing monitoring and verification in Iraq.

On 30 January 1999, the President of the Security Council issued a note stating that the Council had decided that it would be useful to establish three separate panels (on disarmament and monitoring; on humanitarian issues; and on prisoners of war and Kuwaiti property) and to receive recommendations from them no later than 15 April 1999.457 The panel on disarmament and current and future ongoing monitoring and verification issues was mandated to assess all the existing and relevant information available, including data from ongoing monitoring and verification, relating to the state of disarmament in Iraq, and to make recommendations on how to re-establish, taking into account relevant Security Council resolutions, an effective disarmament/ongoing monitoring and verification regime in Iraq. Participants in the panel included members and experts from the Special Commission. On 27 March 1999, the Chairman of the panel on disarmament and monitoring submitted his final report to the President of the Security Council.458

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455 S/1998/1172 and Corr.1. 456 S/1999/94, annex. 457 S/1999/100. 458 S/1999/356, annex I.

On 9 April and 8 October 1999 respectively, the Executive Chairman of the Special Commission submitted the last two semi-annual reports to the Security Council.459

Termination of mandate

By resolution 1284 (1999) of 17 December 1999, the Council decided that the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) would replace the United Nations Special Commission established pursuant to paragraph 9 (b) (i) of resolution 687 (1991).460

3. United Nations Monitoring, Verification and Inspection Commission established pursuant to paragraph 1 of resolution 1284 (1999)

Establishment and mandate

By resolution 1284 (1999) of 17 December 1999, the Council established the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) as a subsidiary body of the Council to replace the Special Commission. The Council decided that UNMOVIC would (a) undertake the responsibilities mandated to the Special Commission by the Council with regard to the verification of compliance by Iraq with its obligations under paragraphs 8, 9 and 10 of resolution 687 (1991) and other related resolutions; (b) establish and operate, as was recommended by the panel on disarmament and current and future ongoing monitoring and verification issues, a reinforced system of ongoing monitoring and verification, which would implement the plan approved by the Council in resolution 715 (1991) and address unresolved disarmament issues; and (c) identify, as necessary in accordance with its mandate, additional sites in Iraq to be covered by the reinforced system of ongoing monitoring and verification.461

Ad hoc criminal tribunals

During the period under review, the Council continued to oversee the work of the International Tribunals for the former Yugoslavia and Rwanda, as set out below.

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459 S/1999/401 and S/1999/1037. 460 Resolution 1284 (1999), para. 1. 461 Ibid., para. 2.

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1. International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991

The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established pursuant to resolution 827 (1993) of 25 May 1993, continued its work during the period under review.

Annexes to the Statute

By resolution 1166 (1998) of 13 May 1998, the Security Council, inter alia, decided to establish a third Trial Chamber of the International Tribunal, and to that end, to amend articles 11, 12, and 13 of the Statute of the Tribunal and to replace those articles with the provisions set out in the annex to the resolution.462

Election of judges

By resolution 1126 (1997) of 27 August 1997, the Security Council endorsed the recommendation of the Secretary-General that Judges Karibi-Whyte, Odio Benito and Jan, once replaced as members of the Tribunal, finish the Celibici case which they had begun before expiry of their terms of office, and took note of the intention of the Tribunal to finish the case before November 1998.463

By resolution 1166 (1998) of 13 May 1998, the Security Council, inter alia, decided that three additional judges should be elected, as soon as possible, to serve in the additional Trial Chamber. It also decided, without prejudice to article 13 (4) of the Statute of the Tribunal, that once elected, the additional judges should serve until the date of the expiry of the terms of office of the existing judges, and that, for the purpose of that election the Security Council should, notwithstanding article 13.2 (c) of the Statute, establish a list from the nominations received of not less than six and not more than nine candidates.464

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462 Resolution 1166 (1998), para. 1. 463 Resolution 1126 (1997), para. 1. 464 Resolution 1166 (1998), para. 2.

By resolution 1191 (1998) of 27 August 1998, in accordance with paragraph 2 (d) of Article 13 of the Statute of the Tribunal, the Security Council forwarded the nominations for the three additional judges to the General Assembly.

Appointment of the Prosecutor

By resolution 1047 (1996) of 29 February 1996, noting with regret the resignation of Mr. Richard J. Goldstone, the Council appointed the Secretary-General’s nominee, Mrs. Louise Arbour, as Prosecutor of the Tribunal, with effect from 1 October 1996.

By resolution 1259 (1999) of 11 August 1999, the Security Council, noting with regret the resignation of Mrs. Louise Arbour, and having considered the nomination by the Secretary-General, appointed Ms. Carla Del Ponte as Prosecutor of the Tribunal, with effect from 15 September 1999.

Annual reports to the Security Council and to the General Assembly

During the period under review, in accordance with Article 34 of the Statute of the Tribunal, the President of the Tribunal submitted through the Secretary-General four annual reports of the Tribunal to the Security Council and the General Assembly.465

2. International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January 1994 and 31 December 1994

The International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January 1994 and 31 December 1994, established pursuant to Security

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465 S/1996/665, S/1997/729, S/1998/737 and S/1999/846.

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Council resolution 955 (1994) of 8 November 1994, continued its work during the period under review.

Annexes to the Statute

By resolution 1165 (1998) of 30 April 1998, the Security Council decided to establish a third Trial Chamber and to amend articles 10, 11 and 12 of the Statute of the Tribunal and to replace those articles with the provisions set out in the annex to the resolution.466

Election of judges

By resolution 1165 (1998) of 30 April 1998, the Security Council decided that the elections for the judges of the three Trial Chambers should be held together, for a term of office to expire on 24 May 2003.467 It further decided that, as an exceptional measure to enable the third Trial Chamber to begin to function at the earliest possible date and without prejudice to article 12 (5) of the Statute of the International Tribunal, three newly elected judges, designated by the Secretary-General in consultation with the President of the Tribunal, should commence their term of office as soon as possible following the elections.468

By resolution 1200 (1998) of 30 September 1998, the Security Council forwarded 18 nominations for judges of the Tribunal received by the Secretary-General to the General Assembly in accordance with article 12.3 (d) of the Statute of the Tribunal.

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466 Resolution 1165 (1998), para. 1. 467 Ibid., para. 2. 468 Ibid., para. 3.

By resolution 1241 (1999) of 19 May 1999, the Security Council, inter alia, endorsed the recommendation of the Secretary-General that Judge Aspegren, once replaced as a member of the International Tribunal, should finish the Rutaganda and Musema cases which he had begun before expiry of his term of office; and took note of the intention of the Tribunal to finish those cases if possible before 31 January 2000.

Appointment of the Prosecutor

By resolution 1047 (1996) of 29 February 1996, noting the resignation of Mr. Richard J. Goldstone, the Council appointed the Secretary-General’s nominee, Mrs. Louise Arbour, as Prosecutor of the Tribunal, with effect from 1 October 1996.

By resolution 1259 (1999) of 11 August 1999, noting the resignation of Mrs. Louise Arbour, the Security Council, having considered the nomination by the Secretary-General, appointed Ms. Carla Del Ponte as Prosecutor of the Tribunal, with effect from 15 September 1999.

Annual reports to the Security Council and to the General Assembly

During the period under review, in accordance with Article 32 of the Statute of the Tribunal, the President of the Tribunal submitted via the Secretary-General four annual reports of the Tribunal to the Security Council and the General Assembly.469

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469 S/1996/778, S/1997/868 and Corr.1, S/1998/857 and S/1999/943.

Part II Subsidiary organs of the Security Council whose

mandate was completed or terminated during the period 1996-1999

Peacekeeping operations and political missions Established by resolution, letter or exchange of letters

Completion of mandate or terminationa

United Nations Observer Mission in Liberia (UNOMIL) Resolution 866 (1993) 30 September 1997

United Nations Assistance Mission for Rwanda (UNAMIR) Resolution 872 (1993) 8 March 1996

United Nations Angola Verification Mission III (UNAVEM III) Resolution 976 (1995) 30 June 1997

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Peacekeeping operations and political missions Established by resolution, letter or exchange of letters

Completion of mandate or terminationa

United Nations Observer Mission in Angola (MONUA) Resolution 1118 (1997) 26 February 1999

United Nations Observer Mission in Sierra Leone (UNOMSIL) Resolution 1181 (1998) 13 December 1999

United Nations Mission in Haiti (UNMIH) Resolution 867 (1993) 30 June 1996

United Nations Transition Mission in Haiti (UNTMIH) Resolution 1123 (1997) 30 November 1997

United Nations Support Mission in Haiti (UNSMIH) Resolution 1063 (1996) 31 July 1997

United Nations Verification Mission in Guatemala (MINUGUA) Resolution 1094 (1997) 27 May 1997

United Nations Preventive Deployment Force (UNPREDEP) Resolution 983 (1995) 28 February 1999

United Nations Confidence Restoration Operation in Croatia (UNCRO)

Resolution 981 (1995) 15 January 1996

United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES)

Resolution 1037 (1996) 15 January 1998

United Nations Mission in East Timor (UNAMET) Resolution 1246 (1999) 22 October 1999

United Nations Civilian Police Support Group (UNPSG) Resolution 1145 (1997) 15 October 1998

Security Council committees

Security Council Committee established pursuant to resolution 724 (1991) concerning Yugoslavia

1 October 1996

Investigative bodies

International Commission of Inquiry established under resolution 1012 (1995) concerning Burundi

Submission of final report (S/1996/682)

23 July 1996

Ad hoc commissions

United Nations Special Commission established pursuant to paragraph 9 (b) (i) of resolution 687 (1991)

17 December 1999

a For details of termination, see the relevant sections of part I.

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Part III Subsidiary organs of the Security Council proposed

but not established

During the period under review, there was one instance in which a subsidiary organ was formally proposed but not created. The proposal was submitted in the form of a draft resolution and was related to the agenda item entitled “Central America: efforts towards peace”. This is set out in the case study below.1

Case 1

Proposal submitted at the 3730th meeting of the Council on 10 January 1997 with respect

to “Central America: efforts towards peace”

At the 3730th meeting of the Council, on 10 January 1997, during consideration of the agenda item “Central America: efforts towards peace”, the President of the Security Council drew the attention of the members to a draft resolution submitted by Argentina, Chile, Colombia, Costa Rica, Mexico, Norway, Portugal, Spain, Sweden, the United Kingdom, the United States and Venezuela.2 By that draft

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1 Any instances in which members of the Council during Council proceedings, or Member States in communications to the President of the Council, proposed the creation of subsidiary organs without submitting their suggestions in the form of draft resolutions were not considered.

2 S/1997/18.

resolution, the Council would have expressed its determination, in accordance with the recommendations contained in the report of the Secretary-General of 17 December 1996, to authorize for a three-month period the attachment to the United Nations Verification Mission in Guatemala of a group of 155 military observers and requisite medical personnel for the purposes of verification of the agreement on the definitive ceasefire between the Government of Guatemala and the Unidad Revolusionaria Guatemalteca, signed at Guatemala City on 29 December 1996. Further, it would have requested the Secretary-General to keep the Council fully informed on the implementation of the resolution and to report on the conclusion of the military observer mission. The draft resolution was put to the vote but failed to be adopted owing to the negative vote of a permanent member of the Security Council.3

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3 See S/PV.3730. By its subsequent resolution 1094 (1997) of 20 January 1997, the Council adopted similar provisions by establishing the United Nations Verification Mission in Guatemala (MINUGUA). See part I, section E (19) of the present chapter.